United States District Court, C.D. Illinois, Springfield Division
MYERSCOUGH, U.S. District Judge.
cause is before the Court on the Motion for Summary Judgment
(d/e 84) filed by Defendants Bonnie Landwehr and Kim Allen.
Because Plaintiff's claims are barred by the statute of
limitations, the Motion is GRANTED.
December 1, 2015, Plaintiff Coralie Brewer filed a pro se
Complaint. On December 16, 2015, Plaintiff filed an Amended
Complaint seeking compensatory damages of $10 million,
punitive damages, and such injunctive, declaratory, or other
relief as may be appropriate.
relevant to the Motion for Summary Judgment, Plaintiff
alleged that Defendant Landwehr, an investigator with the
Department of Children and Family Services (DCFS), removed
Plaintiff's children from Plaintiff's care without a
warrant or consent and lied under oath. Plaintiff alleged
that Defendant Allen, a DCFS investigator, made false
accusations that one of Plaintiff's children was sexually
abused and that Plaintiff abused her children. Plaintiff also
alleges that Allen badgered Plaintiff's children by
making them lie.
merit review, this Court found that Plaintiff stated a
familial relations substantive due process claim against
Defendant Landwehr and Defendant Allen and a procedural due
process claim against Defendant Landwehr all pursuant to 42
U.S.C. § 1983. In July 2016, United States Magistrate
Judge Tom Schanzle-Haskins appointed counsel to represent
April 2017, Defendants Landwehr and Allen filed their Motion
for Summary Judgment. Defendants assert that they are
entitled to summary judgment because Plaintiff's claims
are barred by the statute of limitations and the
Rooker-Feldman doctrine. See Rooker v. Fidelity
Trust Co., 263 U.S. 413 (1923) and District of
Columbia Court of Appeals v. Feldman, 460 U.S. 462
(1983) (holding that the United States Supreme Court is the
only federal court that may review judgments entered by state
courts in civil litigation). In the alternative, Defendants
assert they are entitled to qualified immunity.
following facts are taken from Defendants' Statement of
is a resident of Litchfield, Illinois in Montgomery County.
Plaintiff gave birth to four children-E.F., S.F., J.F., and
H.F. In 2013, the Montgomery County State's Attorney
initiated juvenile abuse and neglect cases for each of
Plaintiff's four children.
October 30, 2013, DCFS received a report of abuse or neglect
involving Plaintiff and her children, E.F., S.F., J.F., and
H.F. It was reported that Plaintiff had allowed her paramour,
Scott Stewart, to have contact with her children in violation
of a no-contact order by the Montgomery County Circuit Court.
assert, but Plaintiff denies, that the children, Plaintiff,
and Plaintiff's mother all confirmed that Stewart had
been in the home. Plaintiff also denies that E.F. indicated
that Stewart hit the children and called them names and that
J.F. alleged that Stewart “hit him all over.”
Montgomery County State's Attorney and DCFS personnel
determined that DCFS should take protective custody of the
children and the State's Attorney would begin
shelter-care proceedings. On October 31, 2013, DCFS took
protective custody of each of the children. Defendant
Landwehr picked up S.F. and E.F. from school and J.F. and
H.F. from daycare. Defendant Landwehr and the children went
to McDonalds to eat and then to the Litchfield Family
Practice for Healthworks. Thereafter, H.F. was dropped off
with a relative in Greenville, J.F. was taken to a licensed
foster home in Brighton, and S.F. and E.F. were delivered to
a maternal uncle's home in Brighton. Defendant Allen was
not present and did not participate in taking protective
custody of the children.
November 1, 2013, the Montgomery County State's Attorney
filed an application for shelter care for each of
Plaintiff's four children. That same day, the judge
presiding over the juvenile cases entered Orders of Temporary
Custody for each of the four minor children and granted
custody to DCFS with authority to place. In its Orders, the
Court found probable cause existed ...