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LOGAN v. LILLIE

May 27, 1997

THOMAS S. LOGAN, Plaintiff,
v.
DEBRA K. LILLIE ET AL., Defendants.



The opinion of the court was delivered by: ROBRENO

 EDUARDO C. ROBRENO, J.

 May 27, 1997

 Plaintiff Thomas S. Logan has sued defendants Judge John J. Rufe of the Court of Common Pleas of Bucks County, Debra K. Lillie, a custody conference officer employed by the Court of Common Pleas of Bucks County, and his ex-wife Suzanne Logan ("the defendants") under 42 U.S.C. §§ 1983 and 1985 as well as sundry state law torts. The complaint alleges that the defendants' conduct during the course of state court judicial proceedings between Mr. Logan and Ms. Logan over the custody of their four-year-old daughter, Heather Logan, resulted in a denial of Mr. Logan's constitutional right to due process.

 For the reasons set forth below, the Court will dismiss the complaint on the ground that the Court lacks subject matter jurisdiction to hear the case under the Rooker-Feldman doctrine.

 I.

 Thomas Logan and Suzanne Logan were married on March 2, 1991, and divorced on December 4, 1995. On February 27, 1996, the Court of Common Pleas of Bucks County awarded Ms. Logan primary physical custody of Heather, with Mr. Logan being granted partial physical custody of Heather including some weeknight and weekend visitation privileges.

 On September 12, 1996, Ms. Logan filed an action in the Court of Common Pleas of Bucks County seeking to obtain sole custody of Heather, or, alternatively, restricting Mr. Logan's partial custody rights only to supervised visits of Heather pending the outcome of a government agency investigation into Ms. Logan's allegations that Mr. Logan had sexually abused Heather during a recent custody visit. That same day, an order was issued by Judge Michael J. Kane of the Court of Common Pleas of Bucks County requiring Mr. Logan to attend a child custody conference on September 20, 1996.

 On September 13, 1996, Mr. Logan filed a custody action seeking joint legal and physical custody of Heather and denying the sexual abuse allegations made by Ms. Logan in the September 12, 1996 complaint.

 On September 20, 1996, defendant Lillie presided over a custody conference attended by both Mr. Logan and Ms. Logan. Following the custody conference, defendant Lillie prepared a three-page written report recommending, inter alia, that pending the state court custody hearing scheduled for September 26, 1996 before Judge Rufe, the court should enter an order suspending contact between Mr. Logan and Heather in the interim "for the protection of each."

 On the same day, without a hearing, and allegedly relying solely on defendant Lillie's conference report, Judge Rufe issued the following one-sentence Order: "And Now, this 20th day of September, 1996, it is ORDERED that there shall be no contact between plaintiff [Mr. Logan] and the minor child [Heather] pending hearing on September 26, 1996, at 10:00 A.M. in Courtroom # A-9." *fn1" It is this Order which Mr. Logan claims deprived him of his constitutional rights without due process.

 On September 26, 1996, following a custody hearing at which both Mr. Logan and Ms. Logan were present and represented by counsel, Judge Rufe issued an order which in effect restored the parties to the status quo ante, that is to the positions they held before both parties had sought modifications of the Order of February 27, 1996. In addition, the Order of September 26, 1996 provided that Mr. Logan would be permitted to have visitation rights on two "make-up" weekends in order to compensate him for any visitation time with Heather which he had not enjoyed as a result of the Order of September 20, 1996.

 On September 30, 1996, Mr. Logan filed the complaint in the instant case. In counts 1-3 of the complaint, Mr. Logan alleges that as a result of the Order of September 20, 1996 issued by Judge Rufe without a hearing and based solely upon the report of conference officer Lillie, he was deprived of his federal constitutional rights of association, due process, and equal protection of the law during the course of the state court custody proceedings. Mr. Logan prays that the Court issue a declaratory judgment finding the defendants' actions unconstitutional, enjoin the defendants from using what Mr. Logan refers to as "ex parte" procedures to adjudicate Mr. Logan's custody rights in any future state court custody proceedings, award money damages and attorneys' fees for the alleged constitutional violations, and direct that his parental custodial rights be restored. Counts 4 and 5 of the complaint allege violations of the Pennsylvania Constitution and various state causes of action including civil conspiracy, abuse and/or malicious use of civil proceedings, and intentional infliction of emotional distress.

 The defendants have moved to dismiss the complaint on various grounds including lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure, or alternatively, for ...


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