United States District Court, W.D. Arkansas, Fayetteville Division
BILLY K. FARMER PLAINTIFF
XOLLIE DUNCAN; BUFFIE MERRYMAN; JENNIFER DuCHARME; ACACIA STINNETT; BRIAN LESTER; KRISTEN PAWLIK; and ERIN JOHNSON DEFENDANTS
OPINION AND ORDER
HOLMES, III, CHIEF U.S. DISTRICT JUDGE
filed this action pursuant to 42 U.S.C. § 1983. He
proceeds pro se. Currently before the Court are the
following motions: (1) a Motion to Dismiss filed by Xollie
Duncan (ECF No. 8); (2) a Motion to Dismiss filed by Kristin
Pawlik (ECF No. 17); (3) a Motion to Dismiss filed by Acacia
Stinnett (ECF No. 21); (4) a Motion to Dismiss filed by Buffie
Merryman (ECF No. 22); (4) a Motion to Dismiss filed by Brian
Lester (ECF No. 23); and (5) a Motion to Dismiss filed by
Jennifer DuCharme and Erin Johnson (ECF No. 25).
to the allegations of the Complaint (ECF No. 1), Plaintiff
has been party to a domestic relations case pending in the
Benton County Circuit Court, Domestic Relations Division,
since August 18, 2010. The most recent hearing occurred on
June 14, 2017.
alleges that all named Defendants have played a part in
illegally taking custody of Plaintiff's minor son (age
15), W.G.F., and stopping his visitation with minor daughter
(age 17), M.C.F. Custody of W.G.F. was given to Erin Johnson,
his Mother, after an emergency ex parte hearing.
Johnson was represented by Attorney Jennifer DuCharme.
Johnson lives in Kansas.
Duncan was the presiding judge over the child custody
dispute. Attorney Buffie Merryman was the guardian ad litem.
Plaintiff was been represented by Defendant Brian Lester and
later was represented by Defendant Kristin Pawlik.
believes his disability was used against him to remove W.G.F.
from his custody. Plaintiff further alleges the two minor
children were coached as to what testimony to give against
him. Plaintiff indicates he is a disabled veteran who has
been diagnosed with Posttraumatic Stress Disorder (PTSD)(ECF
No. 5 at 11).
asserts claims under 42 U.S.C. § 1983, the Americans
with Disabilities Act (ADA), 42 U.S.C. § 12101 et
seq., and the Rehabilitation Act. It is the
Plaintiff's belief that the Defendants should be
criminally charged and those who are licensed attorneys
should be disbarred.
with his Complaint, Plaintiff filed a Motion for Temporary
Custody and Visitation (ECF No. 4). In this Motion, Plaintiff
indicates Johnson has obtained an order of protection against
him in the State of Kansas which remains in effect until July
20, 2018 (ECF No. 5 at 3). Plaintiff asserts the order of
protection thwarts his ability to retain custody or
visitation of his children. He asks the Court to order the
custody of W.G.F. be immediately changed to him and that he
be given visitation with M.C.F. He asks the Court to find
Johnson in contempt of court and immediately jail her.
8(a) contains the general pleading rules and requires a
complaint to present “a short and plain statement of
the claim showing that the pleader is entitled to
relief.” Fed.R.Civ.P. 8(a)(2). “In order to meet
this standard, and survive a motion to dismiss under Rule
12(b)(6), ‘a complaint must contain sufficient factual
matter, accepted as true, to state a claim to relief that is
plausible on its face.'” Braden v. Wal-Mart
Stores, Inc., 588 F.3d 585, 594 (8th Cir. 2009) (quoting
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(internal quotations omitted)). “A claim has facial
plausibility when the plaintiff pleads factual content that
allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged.”
Ashcroft, 556 U.S. at 678. While the Court will
liberally construe a pro se plaintiff's
complaint, the plaintiff must allege sufficient facts to
support his claims. See Stone v. Harry, 364 F.3d
912, 914 (8th Cir. 2004).
1983 provides a federal cause of action for the deprivation,
under color of law, of a citizen's "rights,
privileges, or immunities secured by the Constitution and
laws" of the United States. In order to state a claim
under 42 U.S.C. § 1983, plaintiff must allege that
defendant acted under color of state law and that he violated
a right secured by the Constitution. West v. Atkins,
487 U.S. 42 (1988); Dunham v. Wadley, 195 F.3d 1007,
1009 (8th Cir.1999). The deprivation must be intentional;
mere negligence will not suffice to state a claim ...