Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Johnson v. New York Administration for Children's Services

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


September 28, 2007

PHILIP JOHNSON, PLAINTIFF,
v.
NEW YORK ADMINISTRATION FOR CHILDREN'S SERVICES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hochberg, District Judge

OPINION & ORDER

This matter having come before the Court on Defendant City of New York's Motion to Dismiss pro se Plaintiff Johnson's Complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6),*fn1 on the grounds that Plaintiff's claims are barred by the doctrine of claim preclusion/res judicata;*fn2 and this Court having reviewed the parties' written submissions pursuant to Fed. R. Civ. P. 78; and it appearing that Plaintiff brings claims under 42 U.S.C. §§ 1983, 1985(3), 1986, alleging that Defendants violated his procedural due process rights when Defendant New York Administration for Children's Services ("ACS") conducted emergency removals of his children on June 3, 2002 and March 11, 2004 based on allegations of abuse and maltreatment; and it appearing that Plaintiff previously litigated the alleged due process violations stemming from the June 3, 2002 emergency removal in the United States District Court for the Eastern District of New York;*fn3 and it appearing that Plaintiff previously litigated the alleged due process violations stemming from the March 11, 2004 emergency removal in the United States District Court for the Southern District of New York;*fn4 and it appearing that in federal court, "the law of the issuing court...determines the preclusive effects of a prior judgment." Paramount Aviation Corp. v. Agusta, 178 F.3d 132, 145 (3d Cir. 1999); and it appearing that in the Second Circuit, the party asserting claim preclusion "must show that (1) the previous action involved an adjudication on the merits; (2) the previous action involved the plaintiffs or those in privity with them; (3) the claims asserted in the subsequent action were, or could have been, raised in the prior action." Monahan v. New York City Dept. of Corrections, 214 F.3d 275, 285 (2d Cir. 2000) (citing Allen v. McCurry, 449 U.S. 90, 94 (1980)); and it appearing that Plaintiff's claims in Johnson I, which arose from the emergency removal of June 3, 2002, were adjudicated on the merits and that the court granted summary judgment for defendants on Plaintiff's claims under 42 U.S.C. §§ 1983, 1985, 1986. See 2006 WL 229905 at *5 ("Accordingly, there has been no violation of his constitutional right to due process."); and it appearing that Plaintiff's claims in Johnson II, which arose from the emergency removal of March 11, 2004, were adjudicated on the merits and that the court granted summary judgment for defendants on Plaintiff's claims under 42 U.S.C. § 1983 and "The Constitution of the United States and All of Its Amendments...." See 2007 WL 764514 at *1, *7 ("Accordingly, plaintiff's constitutional right to the custody of his children was not violated because a 'reasonably perceived emergency' situation existed."); and it appearing that "the claims asserted in the [instant] action were, or could have been, raised in the prior action[s]."*fn5 See Monahan v. New York City Dept. of Corrections, 214 F.3d 275, 285 (2d Cir. 2000); and it appearing that, to the extent Plaintiff's claims concern the adequacy of the Family Court proceedings, "a district court is barred from reviewing issues that have already been adjudicated in the state court" by the Rooker-Feldman doctrine. Johnson I, 2006 WL 229905 at *2 fn. 2 (citing Exxon Mobil Corp v. Saudi Basic Indus. Corp, 544 U.S. 280 (2005)); see also Johnson II, 2007 WL 764514 at *15 fn. 2;

IT IS on this 28th day of September, 2007

ORDERED that Defendant's Motion to Dismiss Plaintiff's claims against Defendants City of New York, City of New York Administration for Children's Services, Administration for Children's Services Caseworkers Kagan, Pollack, and Pierre-Louis, and the New York Police Department is GRANTED.

Hon. Faith S. Hochberg, U.S.D.J.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.