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Davidson v. Probation Child Support Enforcement Services

United States District Court, D. New Jersey

July 30, 2019

RAYMOND J. DAVIDSON, SR., Plaintiff,
v.
PROBATION CHILD SUPPORT ENFORCEMENT SERVICES, BURLINGTON COUNTY FINANCIAL DIVISION, PSI SECURITY & INVESTIGATIONS, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, and CAMDEN COUNTY PROBATION, Defendants.

          RAYMOND J. DAVIDSON, SR.CHERRY HILL, N.J. 08003 Pro se Plaintiff.

          SHMUEL BUSHWICK DEPUTY ATTORNEY GENERAL TRENTON, NEW JERSEY 08625 Attorney for Defendants Probation Child Support Enforcement Services, Burlington County Financial Division, New Jersey Department of Human Services, and Camden County Probation.

          NICOLE MARIE VARISCO QUINTAMOS RIETO WOOD & BOYER Attorney for Defendant PSI Security & Investigations.

          OPINION

          NOEL L. HILLMAN, U.S.D.J.

         This case concerns civil rights claims brought under 42 U.S.C. §§ 1981, 1983, and 1985. Plaintiff alleges incorrect information regarding child support obligations and payments led to his incarceration for failure to pay. Currently before the Court are Defendants' Motions to Dismiss and Plaintiff's Motion for Default. For the reasons discussed herein, State Defendants' Motion to Dismiss will be granted and Defendant PSI's Motion to Dismiss and Plaintiff's Motion for Default will be denied, as moot.

         BACKGROUND

         The Court takes its recitation of facts from Plaintiff's Complaint and Amended Complaint. The actions complained of occurred between 2003-2018. The matter stems from child support obligations and payments, and whether Plaintiff has made those payments. It appears that a recent calculation provided by Plaintiff puts the arrears at around $30, 000. Plaintiff alleges that number is incorrect. This incorrect number, according to Plaintiff, is “due to the negligence of the[] defendants by failing to properly enter infoformation [sic] supplied to them each year, ” a failure to take into account changes in status, like his homelessness, and Joe Enedetti's - an employee of Burlington County's probation office - failure “to[]enter orders as far back as 1999 [and] . . . fail[ure] to give a proper acouting [sic] and . . . credtit [sic] for payments in 2004 in the sum of $3, 000.00.”

         As evidence of the wrongfulness of this conduct, Plaintiff alleges multiple New Jersey state court judges have commented that Burlington County Probation “is the problem.” As a result, Plaintiff claims he “was arrested and dataianed [sic] under fause pretence [sic] strip serch embaressed [sic].” Plaintiff claims in 2007, 2016, and 2017 he was incarcerated for a total of seventy-seven days.

         On November 6, 2018 Plaintiff filed a complaint against the Administrative Office of the Courts, Probation Services Division, Child Support Enforcement Services (“Enforcement Services”), the State of New Jersey Judiciary, Burlington Vicinage Finance and Probation Division, the State of New Jersey Department of Human Services, the State of New Jersey Judiciary, Camden Vicinage Finance Probation Division (the “Probation Division” and, collectively, the “State Defendants”), [1] and PSI Security & Investigation (“PSI”). Plaintiff claims civil rights violations under 42 U.S.C. §§ 1981, 1983, and 1985 against all Defendants. The same day, this Court granted Plaintiff's application to proceed in forma pauperis and the Clerk filed Plaintiff's Complaint. Summons were issued thereafter. On November 28, 2018, Plaintiff filed an Amended Complaint adding the Probation Division and charges under 18 U.S.C. §§ 241, 242, and 245 against all Defendants.

         Plaintiff requests four types of relief: (1) an injunction against Enforcement Services to block any retaliation for filing the complaint, (2) an injunction ordering an independent audit to determine the proper amount of child support owed, (3) compensatory damages in the amount of $378, 747.14, and (4) declaratory judgment concerning a portion of the Social Security Act and its application to child support obligations.

         On January 8, 2019, Plaintiff filed a Motion for a Preliminary Injunction. On January 16, 2019, State Defendants filed opposition and a Cross-Motion to Dismiss. On January 28, 2019, Defendant PSI filed a Motion to Dismiss. On January 29, 2019, this Court denied Plaintiff's Motion for a Preliminary Injunction. On March 25, 2019, Plaintiff filed a Motion for Default against Defendant PSI. On May 6, 2019, Plaintiff filed a Motion to Compel. On May 22, 2019, Defendant PSI requested the Court hold a status conference. Magistrate Judge Karen M. Williams held a status conference on June 18, 2019. Judge Williams directed Plaintiff to file opposition to Defendants' Motions to Dismiss and dismissed Plaintiff's Motion to Compel as moot. Defendants' Motions to Dismiss and Plaintiff's Motion for Default have been fully briefed and are ripe for adjudication.

         ANALYSIS

         A. Subject Matter Jurisdiction

         This Court possesses subject matter jurisdiction over this action ...


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