Fauquet v. Children & Families
Plaintiff: Kirsten Fauquet
Defendant: Department of Children & Families
Case Number: 3:2019cv01426
Filed: September 10, 2019
Court: US District Court for the District of Connecticut
Presiding Judge: Alfred V Covello
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2019 Opinion or Order Filing 6 ORDER finding as moot the plaintiff's #2 motion for leave to proceed in forma pauperis, in light of the court's order (dkt. no. 5). Signed by Judge Alfred V. Covello on 10/11//2019. (Sondergeld, C.)
October 10, 2019 Opinion or Order Filing 5 ORDER: The court dismisses the case for lack of subject matter jurisdiction. See Fed. R. Civ. P. Rule 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action"). This matter appears to be a refiling of a case that was previously filed as 3:19-cv-767(MPS) and dismissed for lack of subject matter jurisdiction. See also related case 3:19-cv-717(MPS). The complaint filed with this court makes the same allegations and continues to challenge the state court proceedings which terminated Fauquets parental rights over her children. With respect to relief, Fauquet requests that this court reinstate "her full parental rights" and "full custody of all five children." She also asks this court to overturn "any adoption or rights to her children to any other party." As noted by the court in the previously filed case, this matter is "the type of action challenging a final state court judgment over which the Court lacks jurisdiction under the Rooker-Feldman doctrine. See, e.g., Hoblock v. Albany County Bd. of Elections, 422 F.3d 77 (2d Cir. 2005)." The court also lacks jurisdiction under the domestic relations exception. When a "federal court becomes embroiled in factual disputes concerning custody and visitation matters, the action must be dismissed." Neustein v. Orbach, 732 F. Supp. 333, 339 (E.D.N.Y. 1990). As noted by the court in the previously filed case, this case also involves a defendant that is protected from suit by the Eleventh Amendment. See Bhatia v. Connecticut Dep't of Children & Families (DCF), 317 F. App'x 51, 52 (2d Cir. 2009) (summary order) (affirming dismissal of section 1983 claim against DCF because "state agencies are entitled to Eleventh Amendment immunity"). In so far as Fauquet was attempting to file an appeal to the previously dismissed case 3:19-cv-767(MPS) and the related case 3:19-cv-717(MPS), the plaintiff should have filed any such appeal with the second circuit court of appeals. See document number 1-1 purporting to be a petition for appeal. Any such appeal of the courts previous rulings dismissing the case shall be filed under the corresponding civil case number(s). It is so ordered. The clerk is directed to close the case. Signed by Judge Alfred V. Covello on 10/10/2019.(Covello, Alfred)
September 10, 2019 Opinion or Order Filing 4 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Alfred V. Covello on 9/10/2019.(Reis, Julia)
September 10, 2019 Opinion or Order Filing 3 Order on Pretrial Deadlines: Amended Pleadings due by 11/9/2019 Discovery due by 3/11/2020 Dispositive Motions due by 4/15/2020 Signed by Clerk on 9/10/2019.(Reis, Julia)
September 10, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Kirsten Fauquet. (Reis, Julia)
September 10, 2019 Filing 1 COMPLAINT against Department of Children & Families, filed by Kirsten Fauquet. (Attachments: #1 Exhibit, #2 Envelope)(Reis, Julia)

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Defendant: Department of Children & Families
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Plaintiff: Kirsten Fauquet
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