United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE.
Tanya Renee Robbins brings this action pursuant to 42 U.S.C.
§ 1983 on her own behalf and on behalf of two of her
minor children. This matter is before the Court upon the
Motions to Dismiss of Defendants Ginger Joyner and Kevin
Kinnard. (Docs. 10, 13.)
filed her pro se Complaint on April 10, 2017, in
which she alleges that various individuals violated her
constitutional rights and the rights of her children during
the course of a state court juvenile investigation that
resulted in the removal of her children from her home. (Doc.
1.) Robbins has also named Edward Gassell and Joseph Robbins
as Plaintiffs. In her request for relief, she seeks to
have her children returned to her and monetary damages for
identifies the Defendants as follows: "Laurie", a
"Supervisor"; Joe Tiffany,
"Investigator"; Samantha Faulkner; Savannah Pogue,
"Supervisor"; Bria Ward, "IS";
"Brittany", "IS Supervisor"; Gretchen
Plaggenburg, "Worker"; Sarah Hill, "IS",
"unsure of which place"; Ginger Joyner, Guardian ad
Litem; and Kevin Kinnard, Juvenile Officer. (Doc. 1 at p.
Her allegations state as follows (in part):
Joe Tiffany-afternoon March 1, 2017 came to my residence and
my son Darryl pull his pants down outside, no permission no
search warrant just hotline report no exigent
circumstances/talked to my son no permission stepped foot in
my house with a 5yr olds permission not mine/March 3, 2011
intimidated my ex husband in to letting him inside that's
where my children were.
(1) My children have been removed. They refused the services,
told me I had to get rid of all my animals, Dria Ward,
Samantha Faulkner Sarah Hill.
3 Went to Juvenile Officer and defamed mine the childrens
Dad by lying about smell, condition, what was said, the dad
4 Laurie Joe Tiffanys supervisor when I called to complain
about him hung up the phone refused to talk to me 5
Juvenile Office Kevin Kinnard gave Gretchen Plaggeburg the
paper did not state who the parents were or described judge
to the best of my knowledge did not put his name out...
(Doc. 1 at p. 7.)
Order dated April 17, 2017 (Doc. 3), the Court advised
Robbins that she may not represent her children in federal
court. See Osei-Afriyie by Osei-Afriyie v. Medical
College of Pennsylvania, 937 F.2d 876, 882-83 (3d Cir.
1991) ("[A] non-attorney parent must be represented by
counsel in bringing an action on behalf of his or her
child"). The Court gave Robbins thirty days, until May
12, 2017, to obtain representation in this matter. To date,
no attorney has entered his or her appearance on behalf of
the minor children.
23, 2017, Defendant Ginger K. Joyner filed a Motion to
Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6). (Doc. 10.)
Joyner, a guardian ad litem appointed by the state court,
argues that Robbins' claims should be dismissed because
they are barred by sovereign immunity; this Court lacks
jurisdiction under the domestic relations exception; and
because Robbins fails to state a claim against Joyner.
Jerome K. Kinnard filed a Motion to Dismiss on May 25, 2017,
in which he argues that Robbins' claims should be
dismissed for the following reasons: Kinnard has only been
named in his official capacity and is not a person under
' 1983; Robbins has failed to state a claim; Robbins has
not complied with this Court's Order to obtain counsel to