Judge Joseph Bianco
Carter is stepfather to Hawkins-Carter’s children. Their action under 42 USC §1983 accused defendant county and Child Protective Services caseworker Alexandre of civil rights violations arising from the children’s placement in foster care—allegedly in retaliation to complaints about Alexandre’s “unprofessional, abusive” conduct during a May 2010 home visit during an investigation into the children’s well-being after one child ran away from home. On Dec. 23, 2010, the Family Court dismissed a neglect petition by the county’s social services department, and admonished the department for knowingly filing a false petition. On Oct. 15, 2013, plaintiffs sought dismissal of all claims against Alexandre, without prejudice. Granting defendants summary judgment, the court—which dismissed all claims against Alexandre—dismissed plaintiffs’ §1983 claim against defendant county. It found no record evidence supporting a Monellclaim against the county. Because plaintiffs no longer sought to pursue any claims against Alexandre, the court found retention of jurisdiction over their various state law claims—including but not limited to false imprisonment, malicious prosecution and intentional infliction of emotional distress—not warranted.
