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Julia Johnson and Djm v. Eddie James Myers

February 23, 2011

JULIA JOHNSON AND DJM, PLAINTIFFS,
v.
EDDIE JAMES MYERS, ET AL., DEFENDANTS.



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

MEMORANDUM AND ORDER

On April 23, 2010, Plaintiff Julia Johnson, pro se, commenced this action, suing on behalf of herself and her son, DJM (collectively, "Plaintiffs"). Defendants Eddie James Myers, Jr., Donna Guarton, Nassau County Baldwin, U.S.F.D., and Cyrus R. Vance, Jr., have filed motions to dismiss. For the following reasons, the motions filed by Mr. Vance, Ms. Guarton, and Nassau County Baldwin, U.S.F.D. are GRANTED. The motion filed by Mr. Myers is GRANTED IN PART AND DENIED IN PART.

DISCUSSION I. Standard of Review

In deciding FED. R. CIV. P. 12(b)(6) motions to dismiss, the Court applies a "plausibility standard," which is guided by "[t]wo working principles," Ashcroft v. Iqbal, __ U.S. __, 129 S. Ct. 1937, 1949, 173 L. Ed. 2d 868 (2009); Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009). First, although the Court accepts all factual allegations as true, and draws all reasonable inferences in the plaintiff's favor, this "tenet" is "inapplicable to legal conclusions"; thus, "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Harris, 572 F.3d at 72 (quoting Ashcroft); Operating Local 649 Annuity Trust Fund v. Smith Barney Fund Management LLC, 595 F.3d 86, 91 (2d Cir. 2010). Second, only complaints that state a "plausible claim for relief" can survive Rule 12(b)(6). Id. Determining whether a complaint does so is "a context specific task that requires the reviewing court to draw on its judicial experience and common sense." Id.

When considering a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction, the Court may consider affidavits and other materials beyond the pleadings to resolve jurisdictional questions. See Robinson v. Gov't of Malaysia, 269 F.3d 133, 140 n. 6 (2d Cir. 2001). When there is a question involving federal jurisdiction, such jurisdiction must be shown affirmatively. See Shipping Fin. Servs. Corp. v. Drakos, 140 F.3d 129, 131 (2d Cir. 1998). Accordingly, the Court will not draw inferences favorable to the party asserting jurisdiction. See id.

Pro se plaintiffs enjoy a somewhat more liberal pleading standard. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 167 L. Ed. 2d 1081 (2007) ("[A] pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.") (internal quotations and citations omitted). However, pro se plaintiffs must still "comport with the procedural and substantive rules of law," Javino v. Town of Brookhaven, 06-CV-1245, 2008 U.S. Dist. LEXIS 17323, at *3 (E.D.N.Y. Mar. 4, 2008).

II. Eddie James Myers, Jr.

A. Factual Allegations

Plaintiffs make the following allegations against Mr.

Myers:

On August 14, 2008, Mr. Myers commenced a Paternity Petition in Nassau County Family Court ("Family Court"), asserting that he fathered Ms. Johnson's child, purported co-Plaintiff DJM. (Comp. at p. 3.) On December 11, 2008, Mr. Myers won that suit, receiving an Order of Filiation that declared him to be DJM's father. (Id. at p. 17) (attached Order of Filiation).

On August 20, 2008, Mr. Myers accompanied a child protective services caseworker, co-Defendant Jody Weitzman-Fisher, to Plaintiffs' home. (Id. at p. 3.) Someone called the Nassau County police, who then "falsely arrested" Ms. Johnson, and eventually transported her to the Nassau University Medical Center Emergency Psychiatric Room (hereafter, "Hospital Psychiatric Room"). (Id.)

On October 4, 2008, Mr. Myers met with Ms. WeitzmanFisher's supervisor, co-Defendant Benjamin Malewicz. (Id. at p. 4.) During this meeting, Mr. Myers "assumed the role of Quasi-guardian with respect to [Ms. Johnson]," and helped make "arrangements for [her] to again be transported" to the Hospital Psychiatric Room. (Id.)

On October 7, 2008, Mr. Myers made unspecified allegations against Ms. Johnson in a court proceeding that child protective services initiated. (Id.)

"Mr. Myers was determined to use the system to build a civil commit [sic] to gain a fixed custody case." (Id. at p. 5.) Specifically, Mr. Myers made "false allegations" of "abuse and neglect with respect to [Ms. Johnson's] son," to ...


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