Walker ex rel. T.W. v. City of New York

63 F. Supp. 3d 301, 2014 U.S. Dist. LEXIS 170019, 2014 WL 6883049
CourtDistrict Court, E.D. New York
DecidedDecember 5, 2014
DocketNo. 12-CV-2535 (WFK)(MDG)
StatusPublished
Cited by19 cases

This text of 63 F. Supp. 3d 301 (Walker ex rel. T.W. v. City of New York) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker ex rel. T.W. v. City of New York, 63 F. Supp. 3d 301, 2014 U.S. Dist. LEXIS 170019, 2014 WL 6883049 (E.D.N.Y. 2014).

Opinion

DECISION & ORDER

WILLIAM F. KUNTZ, II, District Judge:

Two parents bring this suit against numerous employees of the Administration of Children’s Services (“ACS”), the former ACS Commissioner, and the City of New York. Based on the events surrounding the removal of their two infant children in 2009, the parents, Plaintiffs Junior Walker and Thaera Bullen-Walker,1 allege thirty-seven causes of action against the city and the eight individual defendants, all of whom are sued in both their individual and official capacities. Plaintiffs allege that Defendants violated their substantive and procedural due process rights, retaliated against Plaintiff Walker for exercising his First Amendment rights, unlawfully seized the infant children in violation of the Fourth Amendment, and engaged in malicious prosecution and abuse of process during the Family Court proceedings. However, Plaintiffs have failed to establish sufficient personal involvement for the majority of the individual Defendants. Furthermore, Plaintiffs have failed to establish a Monell claim against the City of New York or Commissioner Mattingly. The remaining Defendants are entitled to qualified immunity because caseworkers of reasonable competence could disagree as to whether the Family Court proceedings, under these circumstances, should have been pursued. For these reasons and others explained below, Defendants’ motion [305]*305for summary judgment is granted in its entirety.

FACTUAL AND PROCEDURAL HISTORY

I. Parties

Plaintiffs Walker and Bullen-Walker bring this civil rights action on behalf of themselves and their infant children, T.W. and N.W. At the time of the relevant events, T.W. was eight years old and N.W. was one year old. Dkt. 93 (Third Am. Compl. (“Compl.”)) ¶ 13. At that time, T.W. and N.W. lived in the custody of their father, Walker, and their maternal aunt, a non-party to this action.2 Id. Bullen-Walker was stationed overseas with the United States military. Id.

The Defendants include: Stacey Robinson, a Child Protective Specialist (“CPS”) at ACS; Gladys White, Robinson’s CPS supervisor; Karen Sawyer-Barro, an ACS Child Protective Manager; Sharon Rogers, Deputy Director of Operations for an ACS Brooklyn Field Office; Jacqueline McKnight, Assistant Commissioner of ACS in Brooklyn in 2010; Natarsky Louissaint, an ACS caseworker; Burton Lewis, a supervisor at the Emergency Children’s Services (“ECS”) Division at ACS; and John Mattingly, the ACS Commissioner at the time of the events in question. Dkt. 72 (Defendants’ R. 56.1 St. (“Defs.’ St.”)) ¶¶ 1-9. The Defendants were all named in their individual and official capacities. The City of New York is also named as a Defendant under the Monell theory of municipal liability.

II. Facts

The events recounted below are undisputed, except whereas noted.

On March 19, 2009, T.W. went to school with scratches on his face and informed a school official that his aunt had scratched him that morning. Defs.’ St. ¶¶ 10-11. The allegations were sent to ACS. M U 12. That evening, ACS caseworkers Defendant Louissaint and non-party Tavaria Robertson went to the Walker home. Id. ¶ 13. The caseworkers first interviewed Walker, as T.W.’s aunt was not home, and then attempted to interview T.W. Id. ¶¶ 14-15. When the caseworkers told Walker that it would be best to interview T.W.' alone, Walker interrupted the interview moments into the proceedings. Dkt. 71-2 (Pierre Deck, Ex. S, Investigation Progress Notes (“IPN”)) at 2. T.W. stopped speaking with the caseworkers once his father returned to the room. Id. Walker asked why the conversation had stopped and the caseworkers repeated that it would be best if T.W. was interviewed alone, which led to Walker becoming angry and yelling.3 Id. The caseworkers ended the interview at this point. Id.

Defendant Robinson was then assigned to the case. She visited the Walker home on March 25, 2009 and spoke with both Walker and the aunt. Defs.’ St. ¶ 18. The aunt admitted that she caused T.W.’s scratches, but said that it was a mistake [306]*306and that she had apologized to T.W. immediately. IPN at 6. The next day, Robinson went to T.W.’s school and interviewed T.W. and the school’s staff. Defs.’ St. ¶ 19. T.W.’s remedial studies teacher indicated that Walker was “in denial about T.W.’s limitations,” but also said that she had never observed T.W. to be abused or maltreated. IPN at 7.

Robinson then interviewed T.W., who told her that “he ha[d] suffered several beatings with a belt from his father, his biological mother and his aunt in the past.” Id. at 8.4 T.W. said that the last time that he received a beating from his aunt was in December 2008. Id. T.W. also presented marks on his body that he attributed to a beating from his aunt, though Robinson noted ih her report that the marks were “not evident of beatings,” in her opinion. Id. T.W. also told Robinson that “his father had given his 1 year old brother a beating with a belt leaving bruises to [N.W.’s] body.” Id. However, Robinson noted that she had not observed bruises on N.W.’s clothed body. Id. T.W. went on to discuss arguments in the home, recount an incident where the aunt threw bleach in her husband’s face, and an incident where T.W. received a beating from his aunt’s brother. Id.

At the direction of Defendant White, Robinson arranged a family meeting to discuss the scratching incident, prior reports of domestic abuse, and offer potential support for the children. Defs.’ St. ¶¶ 23-24. According to Robinson, Walker screamed and repeatedly hung up the phone when Robinson attempted to arrange the meeting. Id. ¶ 25. Walker refused to confirm the meeting times and did not appear at the meeting. Id. ¶ 26.5 Robinson and White attempted to hold the family meeting at the Walker home during an unannounced visit, but no one answered the door. Id. ¶ 27.

Plaintiffs deny Defendants’ version of the facts and contend that Walker “did not want to attend a meeting because Robinson did not seem interested in investigating the facts and learning the truth[.]” Pl.’s Opp.. St. ¶25. Plaintiffs contend that Robinson was attempting to goad Walker into lying about the aunt’s abuse of T.W. Id. However, Plaintiffs admit that Walker told Robinson on the phone that “if she said one more word [about T.W. being abused], he would throw her out of the [307]*307house because she was not looking at his son’s interest or the facts.” Id.

Robinson visited T.W. at school for a second time on April 28, 2009. Defs.’ St. ¶ 28. “Upon seeing [Robinson], T.W. became terrified, stating that [his father] would beat him if he discovered that [T.W.] had spoken to [ACS].” Id. ¶29. T.W. claimed to Robinson that the family had been home during the attempted family meeting, but had intentionally refused to let the ACS caseworkers in. Id. ¶ 30.

After these events, White and Robinson decided to hold a child safety conference. Id. ¶ 31.

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Cite This Page — Counsel Stack

Bluebook (online)
63 F. Supp. 3d 301, 2014 U.S. Dist. LEXIS 170019, 2014 WL 6883049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-ex-rel-tw-v-city-of-new-york-nyed-2014.