De La Cruz v. Colon-Rondon
De La Cruz v. Colon-Rondon
Opinion of the Court
OPINION AND ORDER
On April 12, 2013, we entered an opinion and order, (Docket No. 57, 946 F.Supp.2d 244, 2013 WL 1531649 (D.P.R. 2013)), granting in part and denying in part Defendants’ motion to dismiss under Fed. R.Civ.P. 12(b)(1).
The parties have both filed briefs to comply with our order. (Docket Nos. 77; 79.) Plaintiffs have also filed an amended complaint. (Docket No. 83.) Despite our clear instructions to Plaintiffs, they have failed to show cause as to why this case should not be dismissed. It is well-established that “[wjhen a defendant moves to dismiss for lack of federal subject matter jurisdiction, ‘the party invoking the jurisdiction of a federal court carries the burden of proving its existence.’ ” Johansen v. United States, 506 F.3d 65, 68 (1st Cir. 2007) (citing Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995)). Plaintiffs have failed to show that there is Ex Parte Young jurisdiction, or that they have a viable equal protection claim. We, therefore, dismiss Plaintiffs’ case.
I.
Discussion
A. Ex Parte Young
The Ex Parte Young doctrine allows federal courts, “notwithstanding the absence of consent, waiver or evidence of congressional assertion of national hegemony, [to] enjoin state officials to conform future conduct to the requirements of federal law.” Swift, 310 F.3d at 234 (quoting Lane v. First Nat’l Bank, 871 F.2d 166, 172 n. 5 (1st Cir. 1989)). The First Circuit made clear in Swift that “[i]n determining whether a statute’s remedial provisions preclude prospective injunctive relief under the doctrine of Ex parte Young, the proper test involves an inquiry into Congress’s intent.” See Swift, 310 F.3d at 237
After careful consideration, we now conclude that the Family Support-Act of 1988, Pub.L. No. 100-485, 102 Stat. 245-(as codified at 42 U.S.C. § 667), contains sufficient indications of Congressional intent to foreclose Ex Parte Young jurisdiction. We begin our analysis by considering the statute that Plaintiffs seek to enforce. See Swift, 310 F.3d at 237 n. 4 (instructing courts to look primarily at statutory text).
42 U.S.C. § 667 provides:
Each State, as a condition for having its State plan approved under this part, must establish guidelines for child support award amounts within the State. The guidelines may be established by law or by judicial or administrative action, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts.
Id. The word “plan” refers to a plan under the Temporary Assistance to Needy Families Program (“TANF”), administered by the United States Department of Health and Human Services (“HHS”) pursuant to Title IV-A of the Social Security Act, 42 U.S.C. §§ 601-619. See Administracion del Sustento de Menores v. Dep’t of Health & Human Serv., 588 F.3d 740, 742 (1st Cir. 2009). The TANF program provides block grants, also known as State Family Assistance Grants, to eligible states. Id. (citing 42 U.S.C. § 603(a)(1)). To be eligible for these block grants, states must operate child support enforcement programs — that- is, programs designed to locate non-custodial parents, establish paternity, and obtain child and spousal support — in accordance with Title IV-D of -the Social Security Act. Id. (citing 42 U.S.C. §§ 651-669b; 42 U.S.C. § 602(a)(2)). Puerto Rico participates in the TANF program.
Title IV-D imposes performance standards and reporting requirements on states as a condition of funding. Id. HHS enforces these standards and requirements. Id. HHS has promulgated a regulation reiterating the requirement that states review their child support guidelines every four years. 45 C.F.R. § 302.56. In Puerto Rico, the Administrator of the Child Support Administration is responsible for reviewing these guidelines every four years, pursuant to Puerto Rico’s Special Child Support Act, 8 L.P.R.A. §§ 501 et seq,, and the Uniform Administrative Procedures Act, 3 L.P.R.A. §§ 2101 et seq.
This detailed scheme' contains sufficient indications of Congress’s intent to foreclose Ex Parte Young■ jurisdiction for suits by private parties. Section 667 makes clear that a state’s compliance with the statute is a condition for approval of its “plan.” This section of the statute does not make any mention of private enforcement. Id: Section 652(a) specifically designates HHS as the entity responsible for enforcing states’ compliance with the TANF program. The scheme makes fairly clear that a state’s failure to comply with the statute is remedied by HHS enforcement rather than private party suits.
Moreover, narrow restrictions apply to the other sections of Title IV-D that do authorize suits in federal court. Section 660 provides that:
The district courts of the United States shall have jurisdiction, without regard to any amount in controversy, to hear and determine any civil action certified by the Secretary of Health and Human Services under section 652(a)(8) of this title. A civil action under this section may be brought in.any judicial district in which the claim arose, the plaintiff resides, or the defendant resides.
Id. Section 652(a)(8), in turn, makes clear that states, not private parties, are the only entities which can apply to HHS for authorization to bring suit in federal court, and only upon narrow conditions. See id. (requiring that HHS “receive applications from States for permission to utilize the courts of the United States to enforce court orders for support against noncustodial parents.”). Section 652(a)(8) provides that applications may be approved only “upon a finding that (A) another State has not undertaken to enforce the court order of the originating State against the noncustodial parent within a reasonable time, and (B) that utilization of the Federal courts is the only reasonable method of enforcing such order.” Id.
In drafting Title IV-D, therefore, Congress created a detailed remedial scheme that carefully restricts access to federal courts. We will not override Congress’s will by exercising Ex Parte Young jurisdiction in this case. Appellate courts have similarly rejected attempts by private individuals to bring suit under §§ 667 and 660. See Blackston v. State of Alabama, 30 F.3d 117, 119 (11th Cir. 1994) (affirming district court’s conclusion that “42 U.S.C. § 667 (1988) did not create a right enforceable by the plaintiffs in federal court”); see also Hexamer v. Foreness, 981 F.2d 821 (5th Cir. 1993) (finding no jurisdiction under § 660 unless the Secretary has provided certification.).
It is important to note that Defendants do not deny having a responsibility to comply with § 667. Puerto Rico has already complied with the first sentence of § 667, which requires states to “establish guidelines for child support award amounts.” § 667. Defendants, who took office following the elections of 2012, also acknowledge their obligation to ensure that the guidelines are reviewed every four years. (Docket No. 77 at 14.) In fact, as Plaintiffs acknowledge, Defendants have already stated publicly that they have begun the process of review. (Docket Nos. 52; 52-1; 77.) The Administrator of the Child Support Administration, Rosabelle PadinBatista, has stated that before her agency finalizes its review of the guidelines, her agency will likely assess all of the economic studies performed by the prior administration, and hold public hearings.
B. Equal Protection
In their motion to dismiss, Defendants argued that Plaintiffs failed to establish subject-matter jurisdiction under § 1983 because they failed to state a viable equal protection violation. (Docket No. 10 at 9-11.) Although Defendants characterized their motion as a motion to dismiss for lack of subject-matter jurisdiction,
Following our order to show cause, (Docket No. 57), Plaintiffs then filed a brief and an amended complaint. (Docket Nos. 79; 83.) Plaintiffs also filed an opposition after Defendants first argued in their motion to dismiss that Plaintiffs’ equal protection claims were invalid. (Docket Nos. 10; 11.) Plaintiffs have thus had several opportunities to respond to Defendants’ clear challenge. Still, none of Plaintiffs’ filings comes close to stating a viable equal protection claim. See Coyne v. City of Somerville, 972 F.2d 440, 445 (1st Cir. 1992) (“To survive a motion to dismiss, an equal protection claim must outline, facts sufficient to convey specific instances of unlawful discrimination.”) (internal quotation marks and citations omitted). A viable equal protection claim must allege that “compared with others similarly situated, [Plaintiffs were] selectively treated ... based on impermissible considerations such as race, religion, intent to inhibit or punish the exercise of constitutional rights, or malicious or bad faith intent to injure a person.” Tapalian v. Tusino, 377 F.3d 1, 6 (1st Cir. 2004) (quoting Barrington Cove Ltd. P’ship v. Rhode Island, 246 F.3d 1, 7 (1st Cir. 2001)).
Plaintiffs’ amended complaint does not meet these basic requirements. It does not mention any impermissible discrimination. See id. Nor does Plaintiffs’ amended complaint show that Plaintiffs meet the similarly-situated requirement. See Barrington, 246 F.3d at 7 (calling it “essential” that Plaintiffs allege, inter alia, that it and
II.
Conclusion
For the foregoing reasons, Defendants’ motion to dismiss is hereby GRANTED. (Docket No. 10.) Following our order, (Docket No. 57), Plaintiffs have failed to show that there is subject-matter jurisdiction under Ex Parte Young, or that they have a viable equal protection claim. Plaintiffs’ complaint is hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
. Plaintiffs opposed the motion to dismiss. (Docket No. 11.)
. For a more detailed discussion of this case, see our earlier opinion and order of April 12, 2013. (Docket No. 57.) Here we discuss only the items that remained pending after our earlier opinion.
. Puerto Rico is treated as a state for purposes of the TANF program, 42 U.S.C. § 619(5), and Title IV-D of the Social Security Act, id. § 1301(a)(1).
. Yamilet Millán Rodríguez, Para Largo Nuevas Tablas de ASUME, El Vocero, March 20,
. Defendants' motion was titled “Motion To Show Cause And To Dismiss For Lack of Jurisdiction.” (Docket No. 10.)
Reference
- Full Case Name
- Maricarmen DE LA CRUZ v. Idalia COLON-RONDON, Secretary of the Family Department of P.R. Rosabelle Padin-Batista, Administrator of the Child Support Administration of P.R.
- Cited By
- 1 case
- Status
- Published