DeRouseau v. Family Court
- Laura Swain
- 1:21-cv-08716
- U.S. District Court · Southern District of New York
- 1
In DeRouseau v. Family Court, Chief Judge Swain dismissed K.M.D.’s claims without prejudice and dismissed the rest under 28 U.S.C. § 1915.
K.M.D.’s claims were dismissed without prejudice, and the remainder of the plaintiffs’ complaint was dismissed.
What happened
In DeRouseau v. Family Court, Kyle G. DeRouseau and K.M.D., a minor, were the plaintiffs in a complaint against the Family Court of Westchester County and several individuals. The judgment followed an order dated May 31, 2022, that dismissed the complaint.
The court dismissed K.M.D.’s claims without prejudice because a non-attorney parent cannot bring claims for a minor child. It dismissed the remainder of the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii)-(iii). The court also certified that any appeal from the judgment would not be taken in good faith.
Chief Judge Laura Taylor Swain entered the judgment on May 31, 2022. The judgment does not describe the underlying claims or explain the specific reasons corresponding to the cited statutory provisions.
The detailed version
- DeRouseau v. Family Court · No. 1:21-cv-08716
- Laura Swain
- May 31, 2022
Background
Kyle G. DeRouseau and K.M.D., a minor, were listed as plaintiffs. The defendants were Family Court, Westchester County; Judge Arlene (Gordon) Oliver; Eva Bunting Smith, Esq.; Arnold Szherzrniak; and Jasmine Hernandez, Esq. The judgment states that it was entered pursuant to an order issued on May 31, 2022, dismissing the complaint.
Disposition
The court dismissed K.M.D.’s claims without prejudice. It gave the stated reason that a non-attorney parent cannot bring claims on behalf of a minor child.
The court dismissed the remainder of the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)-(iii), and cited Mills v. Fischer. The judgment does not explain the specific basis for each cited statutory provision or describe the underlying claims.
Appeal certification
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the judgment would not be taken in good faith.
Judge
Chief United States District Judge Laura Taylor Swain signed the judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.