Filed: Jun. 04, 2018
Latest Update: Mar. 03, 2020
Summary: 17-2061 Adams v. Horton UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PA
Summary: 17-2061 Adams v. Horton UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PAR..
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17‐2061
Adams v. Horton
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY
ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF
APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY
ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL
APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PARTY
CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY
COUNSEL.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in
the City of New York, on the 4th day of June, two thousand eighteen.
PRESENT:
Dennis Jacobs,
Denny Chin,
Circuit Judges,
William F. Kuntz,
District Judge.*
_____________________________________
Bahji Adams,
Plaintiff‐Appellant,
v. 17‐2061
Keith Horton, individually, Georgia
Division of Child Support Services,
* Judge William F. Kuntz of the United States District Court for the Eastern
District of New York, sitting by designation.
Commissioner for State of Vermont for
the Office of Child Support, et al., Robyn
A Crittendon, in her official capacity as
Commissioner of the Georgia Department
of Human Services, Vermont Office of
Child Support,
Defendants‐Appellees,
John Doe, Jane Doe,
Defendants.
_____________________________________
FOR PLAINTIFF‐APPELLANT: Bahji Adams, pro se, Burlington, VT.
FOR DEFENDANTS‐APPELLEES: Kathleen M. Pacious, Deputy
Attorney General, Susan E. Teaster,
Michelle J. Hirsch, Senior Assistant
Attorneys General, for Christopher
M. Carr, Attorney General of the
State of Georgia, Atlanta, GA (for
Keith Horton, Georgia Division of
Child Support Services, Robyn A.
Crittenden in her official capacity as
Commissioner of the Georgia
Department of Human Services).
David R. Groff, Assistant Attorney
General, for Thomas J. Donovan, Jr.,
Attorney General of the State of
Vermont, Montpelier, VT (for
Commissioner of Vermont Office of
Child Support, Vermont Office of
Child Support).
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Appeal from a judgment of the United States District Court for the District
of Vermont (Murtha, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,
AND DECREED that the judgment of the district court is AFFIRMED.
Appellant Bahji Adams, pro se, sued Georgia and Vermont child support
offices and officials under 42 U.S.C. § 1983, the Americans with Disabilities Act,
and § 504 of the Rehabilitation Act, challenging the defendants’ enforcement of a
child support order against her. The district court dismissed the complaint as to
the Georgia defendants for lack of personal jurisdiction, and for lack of subject
matter jurisdiction under the Rooker‐Feldman doctrine as to the Vermont
defendants. We assume the parties’ familiarity with the underlying facts, the
procedural history of the case, and the issues on appeal.
“We review a district court’s dismissal of an action for want of personal
jurisdiction de novo, construing all pleadings and affidavits in the light most
favorable to the plaintiff[s] and resolving all doubts in the plaintiff[s’] favor.” Licci
ex rel. Licci v. Lebanese Canadian Bank, SAL, 673 F.3d 50, 59 (2d Cir. 2012) (alterations
in original). We review a district court’s application of the Rooker‐Feldman doctrine
de novo. Hoblock v. Albany Cty. Bd. of Elections, 422 F.3d 77, 83 (2d Cir. 2005). We
review a district court’s denial of leave to amend the complaint for abuse of
discretion. Anderson News, L.L.C. v. Am. Media, Inc., 680 F.3d 162, 185 (2d Cir.
2012).
Adams’s complaint, like others she has filed, challenges the Georgia child
support order and the Vermont enforcement of that order by arguing that the
defendants did not consider her disabilities. These challenges are barred by the
Rooker‐Feldman doctrine. That doctrine states that federal courts lack jurisdiction
over “cases brought by state‐court losers complaining of injuries caused by state‐
court judgments rendered before the district court proceedings commenced and
inviting district court review of those judgments.” Exxon Mobil Corp. v. Saudi Basic
Indus. Corp., 544 U.S. 280, 284 (2005).
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All four elements are present here. Adams lost in state court (both Georgia
and Vermont), seeks redress for injuries caused by those orders (child support),
functionally seeks review and rejection of those orders, and filed her federal lawsuit
after the orders were entered in the state proceedings. Adams dresses up her
claims as failures to accommodate her disabilities, but she primarily complains
about the child support amount ordered by a court, and the accommodation she
seeks is to reduce the amount. She thus attacks the orders by challenging the
defendants’ enforcement. Her claim is therefore barred by Rooker‐Feldman. See,
e.g., Hoblock, 422 F.3d at 88 (“[A] federal suit complains of injury from a state‐court
judgment, even if it appears to complain only of a third party’s actions, when the
third party’s actions are produced by a state‐court judgment and not simply
ratified, acquiesced in, or left unpunished by it.”).
The district court did not abuse its discretion by denying leave to amend as
to the Rooker‐Feldman issue. Ordinarily, district courts should not dismiss a pro se
complaint without permitting at least one opportunity to amend; but leave to
amend is not necessary if it would be futile. See Cuoco v. Moritsugu, 222 F.3d 99,
112 (2d Cir. 2000). Here, Adams has twice sought (unsuccessfully) to challenge
her child support obligation through federal lawsuits alleging violations of the
ADA, the Rehabilitation Act, and due process. Nothing in her brief gives any
indication that she would be successful were she given another attempt to assert
her claims.
We have considered all of Adams’s remaining arguments and find them to
be without merit. For the foregoing reasons, the judgment of the district court is
AFFIRMED.
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk of Court
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