Judges: Per Curiam
Filed: Aug. 18, 2016
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted August 18, 2016* Decided August 18, 2016 Before RICHARD A. POSNER, Circuit Judge FRANK H. EASTERBROOK, Circuit Judge DIANE S. SYKES, Circuit Judge No. 15-2879 EDDIE L. PATTON, JR., Appeal from the United States District Plaintiff-Appellant, Court for the Central District of Illinois. v. No. 15-C-1273 JENNIFER KESTEL, et al.,
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted August 18, 2016* Decided August 18, 2016 Before RICHARD A. POSNER, Circuit Judge FRANK H. EASTERBROOK, Circuit Judge DIANE S. SYKES, Circuit Judge No. 15-2879 EDDIE L. PATTON, JR., Appeal from the United States District Plaintiff-Appellant, Court for the Central District of Illinois. v. No. 15-C-1273 JENNIFER KESTEL, et al., ..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted August 18, 2016*
Decided August 18, 2016
Before
RICHARD A. POSNER, Circuit Judge
FRANK H. EASTERBROOK, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 15‐2879
EDDIE L. PATTON, JR., Appeal from the United States District
Plaintiff‐Appellant, Court for the Central District of Illinois.
v. No. 15‐C‐1273
JENNIFER KESTEL, et al., Harold A. Baker,
Defendants‐Appellees. Judge.
O R D E R
Eddie Patton, Jr., an Illinois prisoner, filed this action under 42 U.S.C. § 1983
claiming that Lutheran Social Services and several of its caseworkers, supervisors, and
therapists were interfering with his parental rights. According to the complaint, the
defendants had refused to allow Patton’s children to visit him in prison, blocked the
children from communicating with him, and withheld information about the children’s
health and welfare. He asked that Lutheran “be investigated” and that his children be
* After examining the briefs and record, we have concluded that oral argument is
unnecessary. Thus the appeal is submitted on the briefs and record. See FED. R. APP.
P. 34(a)(2)(C).
No. 15‐2879 Page 2
“returned home” to relatives. At screening, see 28 U.S.C. § 1915A, the district court
addressed Patton in open court and announced that his suit was being dismissed for
lack of subject‐matter jurisdiction because a “custody fight” was ongoing in state court.
A later written decision attributes the dismissal, however, to a failure to state a claim as
well as a lack of jurisdiction. Patton appeals the dismissal.
Parents enjoy a substantive right, grounded in the Due Process Clause, to
associate with and direct the upbringing of their children. Troxel v. Granville, 530 U.S. 57,
65–66 (2000) (plurality opinion) (discussing historical recognition of right); Brokaw v.
Mercer County, 235 F.3d 1000, 1018–19 (7th Cir. 2000). But Patton’s complaint was
deceiving, and the district court’s characterization of the state‐court litigation as a
“custody fight” does not tell the whole story. What Patton did not disclose is that before
he filed this action in federal court, the State of Illinois had initiated proceedings to have
him declared an unfit parent due to depravity. Patton had been sentenced to 15 years in
prison on two counts of aggravated child battery, and by orders of a state circuit judge,
he was not permitted to see his children (who by then were wards of the court) or to
communicate with them unless authorized by their therapist. And after he filed this
action in August 2015, Patton affirmatively misled the district court by repeatedly
asserting in increasingly urgent filings that his “parental rights have not been
terminated” while omitting that the State was seeking to do so and already had been
empowered to prevent Patton’s children from having contact with him.
Patton lost that battle when two months after the district court dismissed the
present suit the state court permanently terminated his parental rights. Yet in this court
Patton disingenuously continues to blame Lutheran and its employees for his inability
to see or communicate with his children. As we have emphasized, a plaintiff who seeks
relief based on information known to be false is subject to sanctions, including
dismissal, for abusing the judicial process. See Salmeron v. Enter. Recovery Sys., Inc., 579
F.3d 787, 793 (7th Cir. 2009); Thomas v. Gen. Motors Acceptance Corp., 288 F.3d 305, 306,
308 (7th Cir. 2002).
Putting aside his dishonesty, Patton faced a more fundamental problem: His
lawsuit did not belong in federal court given the ongoing proceedings in state court.
The “domestic relations exception” exempts from federal jurisdiction disputes related to
child custody, divorce, and alimony. Ankenbrandt v. Richards, 504 U.S. 689, 703 (1992);
Struck v. Cook Cnty. Pub. Guardian, 508 F.3d 858, 859–60 (7th Cir. 2007); Allen v. Allen,
48 F.3d 259, 261 & n.2 (7th Cir. 1995); Congleton v. Holy Cross Child Placement Agency, Inc.,
919 F.2d 1077, 1078–79 (5th Cir. 1990). Patton’s attempt to embroil the district court in
No. 15‐2879 Page 3
ongoing litigation to protect his children and decide his fitness as a parent fell within
the domestic relations exception and, thus, outside the court’s jurisdiction.
Patton has filed a frivolous appeal of a frivolous suit, see Alpern v. Lieb, 38 F.3d
933, 934 (7th Cir. 1994), and thus he has incurred two strikes under the Prison Litigation
Reform Act, see 28 U.S.C. § 1915(g). A further strike will bar him from bringing suits
in forma pauperis. See id.
The district court appeared to recognize that it lacked subject‐matter jurisdiction
over Patton’s lawsuit, even though the court’s written decision and judgment include
references to Federal Rule of Civil Procedure 12(b)(6) and failure to state a claim. To
eliminate any ambiguity, we MODIFY the judgment to reflect a dismissal for lack of
jurisdiction rather than on the merits, and as modified the judgment is AFFIRMED.
See Travelers Prop. Cas. v. Good, 689 F.3d 714, 716, 726 (7th Cir. 2012); Garry v. Geils, 82
F.3d 1362, 1370 (7th Cir. 1996).