United States District Court, W.D. Missouri, Central Division
NANETTE K. LAUGHREY United States District Judge.
Matthew Martin has sued Defendants Patricia Joyce, Daniel
Green, and Robert Schollmeyer, who are state court judges,
for damages and injunctive relief in connection with various
rulings they entered in cases in which he was a party. Doc. 8
(Amended Complaint). Before the Court are Defendants'
motion to dismiss for failure to state a claim and lack of
subject matter jurisdiction, Doc. 10, and Martin's motion
for a hearing on his request for preliminary injunction, Doc.
14. Defendants' motion to dismiss is granted and
Martin's motion for a hearing is denied as moot.
claims center around rulings made by the Defendants between
December 2014 and January 2017 in three civil cases in the
Cole County, Missouri Circuit court involving Martin: a
divorce case, no. 14AC-FC00740, and two adult abuse cases,
nos. 14AC-FC00697 and 15AC-FC01181. Doc. 8, p. 4.
Martin alleges that his wife filed for divorce, case no.
14AC-FC00740, and in the course of that case “made an
unsubstantiated claim of domestic violence against”
him. Id., p. 5. As a result of that claim, Martin
was arrested and criminally charged. Based on the pending
criminal charges, his wife then sought an order of
protection, case no. 14AC-FC00697, and Judge Green entered a
full order of protection on July 17, 2014. Id.
October 2014, Judge Joyce ordered in the divorce case that
Martin's wife would have temporary custody of the
couple's daughter and ordered Martin to pay child support
through payroll withholding. A week later, the criminal
charges against Martin were dismissed nolle
prosequi. Martin filed a motion in the divorce case
for rehearing of the temporary custody and child support
orders. Judge Joyce held a hearing on November 17, 2014
regarding a request by Martin's counsel to withdraw and
granted it, but did not rule on the motion for rehearing.
Then on January 27, 2015, Judge Joyce held Martin in contempt
of court for failure to pay child support.
February 19, 2015, Judge Green denied Martin's motion to
dismiss the order of protection that had been entered in case
Joyce entered a divorce decree and awarded full custody of
Martin's daughter to his ex-wife on April 23, 2015.
Martin alleges, “Reference [sic] the alleged incident
in [the criminal] case … as punishment against me,
used incorrect values in my retirement accounts and did not
recognize my expenses related to charges in [the criminal]
case …. Judge Joyce would also affirm her earlier
findings of contempt of court.” Id.
“Garnishment of…monies [in Martin's]
account” began on May 14, 2015.
full order of protection that Judge Green ordered in case no.
14AC-FC00697 expired by its express terms on July 17, 2015,
and was not renewed.
September 2015, Martin's ex-wife filed a second adult
abuse case against Martin and an ex parte order was issued,
case no. 15AC-FC01181. Judge Joyce held a hearing and entered
a full protection order against Martin in November
2015. On January 5, 2017, in the same case,
Judge Schollmeyer issued an ex parte order of protection
against Martin. Martin filed a motion for “a trial for
Jury selection” on January 11, 2017, but Judge
Schollmeyer did not rule on it. Id.
filed a motion for new trial in the adult abuse case before
Judge Green, no. 14AC-FC00697, on December 12, 2016,
“to hear the new evidence in the case.”
Id. Judge Green denied the motion on January 17,
2017, stating he had no jurisdiction or statutory authority
to grant it.
filed his complaint in this Court on December 8, 2016. He
alleges that the various orders entered by Defendants were
“wrong, ” “baseless and bias[ed], ”
“not based on rational facts, ” and violated his
rights under the Fifth, Seventh, and Fourteenth Amendments to
the United States Constitution. Id., p. 6. He
alleges irreparable injury because his ex-wife is not
providing their child with medical treatment; he has been
publicly defamed by the orders of protection; and he has his
own medical treatment to pay for. He asks for injunctive
relief in the form of: cancellation of the child support and
custody that were ordered in case 14AC-FC00740; return of the
child support monies already garnished from his accounts; an
order prohibiting his ex-wife from “selling or changing
any joint property awarded to her” in the divorce;
“suppress[ion]” of the protection orders issued
by Defendants; and an injunction preventing Judge Joyce from
ruling on any case involving him or his property in the
future. Id. He also asks for $110, 000 in actual
damages for property loss, legal expenses, and estimated
medical expenses, and $5, 000, 000 in punitive damages
“to prevent this type of violation in the
March 2017, Judges Joyce and Schollmeyer recused themselves
from case nos. 14AC-FC00740 (the divorce case) and
15AC-FCF01181 (the second adult abuse case). The Hon. Ada
Brehe-Krueger was assigned to the cases pursuant to order of
the Missouri Supreme Court.