Rogers v. Janzen
Opinion of the Court
Sherri Rogers appeals from a summary judgment
Rogers joins three groups of defendants: (1) Frank Gray, Jr. (“Gray”), her former husband; (2) William Bradford Janzen, his professional corporation, and the National Union Fire Insurance Company (“Janzen”); and (3) Ralph Underwager, the Institute for Psychological Therapies, and St. Paul Fire and Marine Insurance Companies (“Underwager”). Each participated in the custody proceedings as a result of which the state court awarded custody of Courtney Gray, the daughter of Rogers and Gray, to Gray. More important for the purposes of this action, each testified that Courtney had not been abused and was therefore essential to Gray’s effort to obtain custody of Courtney.
I.
Given the basis for our affirmance of the district court, it is necessary to review the
The Office of Human Development (OHD) then hired Janzen to perform psychological evaluations of Courtney Gray and her father and mother. These evaluations did not confirm the allegations of sexual abuse, and the juvenile court thereafter determined that it would be in Courtney’s best interest to be removed from Rogers’s custody. The court ordered Jan-zen to see Courtney, Gray, and Rogers to help them adjust to the changes in the child’s custody. Although Rogers attended only one session, Janzen continued to treat Gray and Courtney until Rogers again alleged child abuse, whereupon Janzen and DHHR officials determined that an independent evaluation by another psychologist, Fontenelle, would be appropriate. After February 1987, Janzen again began treatment of Courtney, continuing until it was determined that she was well-adjusted, and also treated Gray for depression.
Proceedings began anew in juvenile court after Rogers renewed the child abuse charge in May 1986. In October, the court conducted hearings at which Janzen and Fontenelle testified that in their professional opinions there was no evidence that Courtney had been sexually abused by Gray. Underwager was called by Gray as an expert witness in the field of clinical psychology, was accepted by the court as an expert without challenge by the plaintiff, and testified that Courtney had not been abused by Gray. Janzen and Fonte-nelle recommended that Gray should eventually be given custody, and Underwager recommended that such custody be immediate.
Near the end of November, the juvenile court judge ordered Courtney transferred from her foster home, where she had been disruptive, to the physical custody of Rogers’s parents, the Kidds. In December, the judge awarded physical custody to the Kidds, apparently in order to avoid further agitation by Rogers, and noted that although he was not required to determine whether or not Gray had sexually abused Courtney, his opinion was “that Courtney Gray was probably never molested by anyone.” In February, Rogers allegedly became concerned that Courtney would view her as permitting or aiding Gray’s sexual abuse, and, in order to avoid any suspicion of this by Courtney, Rogers relinquished Courtney to the DHHR. The court then granted physical custody to Gray’s mother. In July, the court awarded full custody to Gray, and denied visitation by Rogers for the first six months thereafter. Rogers’ application to the First Circuit Court of Appeal for remedial and supervisory writs was denied.
Rogers then initiated this suit in federal district court. She accused Janzen of negligence and psychological malpractice in his evaluation and treatment of Courtney, and Underwager of having acted negligently, intentionally, and in bad faith in preparing for and delivering his evaluation of Courtney. She later filed an amended complaint naming as defendants the insurers of Jan-zen, Underwager, and the Institute. The amended complaint also added Gray as a defendant, alleging that Gray had abused Courtney and had engaged in a continuous course of tortious conduct to deny Rogers access to the child and to cause Rogers emotional distress. Rogers claims damages for emotional distress and the severance of her relationship with her daughter. On motion by defendants for summary judgment, the district court decided that abstention would be appropriate, and that in the alternative the defendants’s motions for summary judgment were well-taken.
II.
Federal courts have long maintained a domestic relations exception to federal
The present ease is not one in which “the court need only decide whether an already-set custody or child support award has been complied with, or whether the parties have committed acts that would be actionable even if everyone involved was [sic] unrelated.”
The claims against Janzen and Under-wager similarly devolve from the dispute between Rogers and Gray and would require an intrusive federal inquiry into the parent-child relationship. In order to establish her negligence, intentional tort, or malpractice claims, Rogers would be required to prove the underlying sexual abuse allegation. Moreover, the state’s ultimate award of custody to Gray and limitation of Rogers’s visitation are indisputably the mechanisms by which Janzen and Underwager are alleged to have effected the termination of Rogers’s relationship with Courtney. That all of Underwager’s and much of Janzen’s involvement consisted of participation in official court proceedings merely highlights the degree to which
In Franks v. Smith,
For these reasons, we AFFIRM the district court’s judgment abstaining from exercising jurisdiction, expressing no opinion about other matters mentioned in the court’s opinion.
. 711 F.Supp. 306 (E.D.La. 1989).
. Crouch v. Crouch, 566 F.2d 486, 487 (5th Cir. 1978).
. 647 F.2d 561 (5th Cir. Unit B 1981).
. Id. at 565; see also Goins v. Goins, 777 F.2d 1059, 1062-63 (5th Cir. 1985).
. 13B C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 3609 at 467 (2d ed. 1984).
. Rykers v. Alford, 832 F.2d 895, 900 (5th Cir. 1987).
. See La.Civ.Code Ann. art. 147 (West Supp. 1989).
. Cf. Rykers v. Alford, 832 F.2d at 899-900 (noting potential for state courts to maintain ongoing supervision and avoid piecemeal adjudication).
. 717 F.2d 183, 185 (5th Cir. 1983).
. Phillips, Nizer, Benjamin, Krim & Ballon v. Rosenstiel, 490 F.2d 509 (2d Cir. 1973) (Friendly, J.).
. Magaziner v. Montemuro, 468 F.2d 782 (3d Cir. 1972).
.Atwood, Domestic Relations in Federal Court: Toward a Principled Exercise of Jurisdiction, 35 Hastings L.J. 571, 618 n. 288 (1984) (emphasis added).
Reference
- Full Case Name
- Sherri ROGERS v. William Bradford JANZEN, Ph.D. William Bradford Janzen, a Professional Psychology Corporation National Union Fire Insurance Company of Pittsburgh Ralph Underwager Institute for Psychological Therapies St. Paul Fire and Marine Insurance Company and Frank Gray
- Cited By
- 6 cases
- Status
- Published