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Williams v. Kansas State Department of Social and Rehabilitation Service

United States District Court, E.D. Louisiana

November 12, 2014

GARLAND E. WILLIAMS,
v.
KANSAS STATE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICE, ET AL., Section

ORDER AND REASONS

HELEN G. BERRIGAN, District Judge.

Before this Court is a Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) by defendants State of Louisiana and 22nd Judicial District Court. The motion is before the Court on the briefs without oral argument.

Having considered the record, the memoranda of counsel, and the law, this Court has determined that it will grant the motion for the following reasons.

I. BACKGROUND

On July 18, 2014, Garland E. Williams, a resident of Louisiana, filed suit against the State of Kansas Department of Social and Rehabilitation Service, the State of Kansas, Shawnee County 3rd District Court, Internal Revenue Service, as well as the State of Louisiana and the 22nd Judicial District Court. Rec. Doc. 1. Mr. Garland filed an amended complaint on July 30, 2014. Rec. Doc. 7.

The claims in Mr. Garland's amended complaint are difficult for the Court to discern. However, it appears Mr. Garland is seeking relief from the enforcement of child support orders entered by state courts in Kansas and Louisiana. He asserts such orders are fraudulent and violate his constitutional rights. Mr. Garland cites to Article III, Sections 1 and 2, Amendment VII, and Amendment XIV, Section 1, of the U.S. Constitution, as well as various Kansas and Louisiana family law statutes. See Rec. Doc. 7. Mr. Garland seeks compensatory and punitive monetary damages in the amount of $1, 000, 000, 000, 000. Id. at 7.

On August 29, 2014, defendants State of Louisiana and 22nd Judicial District Court filed this motion to dismiss Mr. Garland's claims against them for lack of jurisdiction and failure to state a claim upon which relief can be granted. Rec. Doc. 14-1. Mr. Garland did not file an opposition to this motion to dismiss.

II. LAW AND ANALYSIS

As a threshold matter, this Court interprets pleadings and briefs of pro se litigants liberally "to afford all reasonable inferences which can be drawn from them." In re Tex. Pig Stands, Inc., 610 F.3d 937, 941 n.4 (5th Cir. 2010).

Because Mr. Garland makes claims against Kansas and Louisiana based on constitutional grounds and asks for monetary compensation, he seems to seek relief under 42 U.S.C. § 1983. § 1983 provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress....

42 U.S.C. § 1983. The Fifth Circuit has held:

To state a claim under § 1983, a plaintiff must allege facts tending to show (1) that he has been deprived of a right secured by the Constitution and the laws of the United States, and (2) that the deprivation was caused by a person or persons acting under color of state law.

Bass v. Parkwood Hosp., 180 F.3d 234, 241 (5th Cir.1999) (internal quotation marks omitted). Without reaching whether Mr. Garland has met this burden, his claims against the State of Louisiana and the 22nd Judicial District ...


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