United States District Court, E.D. Pennsylvania
A. MCHUGH, J.
Matriya-Shalai Johnson brings this pro se civil
action against the following Defendants: (1) Department of
Human Services; (2) Darin Wiggs-Hughes; (3) Christopher Li;
(4) Ja'net Roberson; (5) Ms. Latiff; (6) Racquel Braham;
(7) Net CUA 7; (8) Steven Grilli; (9) Christopher Waiters;
(10) Nashanta C. Robinson; (11) David Coleman; (12) Dana
Walker; (13) Antonique Edwards; (14) Shakia Harris; (15)
Janelle Wright-Brown; (16) Quadriyy Major; (17) Rose Morgan;
(18) the City of Philadelphia Law Department; (19) Jeri Hope
Behrman; (20) Atya Burns; (21) Kathleen Kim; (22) Jeffrey C.
Bruch; (23) Louisa Ashmead Robinson; (24) Patricia
McGhettigan; (25) Lindsay Margaret Palmer; (26) Carla
Beggins; (27) Jonathan Houlon; (28) Judge Joseph L.
Fernandes; (29) Sheriff Moore; (30) Sheriff Dunbar; (31)
Sheriff Bradley; (32) Sheriff Taylor; (33) the Philadelphia
Police Department 22nd District; (34) Sergeant Bascom; (35)
Officer Foley; (36) Henry House/Northeast Treatment Centers;
and (37) Regan Kelly. She has also filed a Motion for Leave
to Proceed In Forma Pauperis. (ECF No. 1.) For the
following reasons, the Court will grant Ms. Johnson leave to
proceed in forma pauperis, and dismiss Ms.
Johnson's claims except for certain of her claims against
Darin Wiggs-Hughes, Christopher Li, Ms. Latiff, Sheriff
Moore, Sheriff Dunbar, Sheriff Taylor, Sergeant Bascom, and
3, 2016, Ms. Johnson was at home when "Christopher Li
and Philadelphia Police Department kidnapped [her minor]
daughter C.S.J. . . . without a warrant." (Compl. at
Ms. Johnson claims she was never served with any legal
documents before her daughter was taken away. (Id.)
Her daughter was placed in foster care "where she was
later abused and neglected." (Id.) Ms. Johnson
filed an appeal, but she was "never heard."
(Id.) She "was given supervised visits with
[her] daughter that were later terminated .. . but were
eventually restored." (Id.)
February 7, 2017, Ms. Johnson, who was eight (8) months
pregnant at the time, was at home when Darin Wiggs-Hughes,
Ms. Latiff, Sergeant Bascom, and Officer Foley "kicked
in the first and third floor apartment doors."
(Id. at 26.) Ms. Johnson claims that they
"assaulted, battered and falsely arrested [her] partner
Brian Nathaniel Shaw Jr. and took his keys out of his pocket
which they used to open the front door." (Id.)
Those Defendants then searched through Ms. Johnson's
belongings and subsequently "illegally seized [her
minor] son B.N.S. . .. and [her minor] daughter H.S.S.. ..
without a warrant." (Id. at 26-27.) Her
children were placed in foster care "where they were
force vaccinated, abused and neglected." (Id.
at 27.) Ms. Johnson eventually received "supervised
visits at Family Court of Philadelphia with [her] son and
daughter 2 times a month to this day." (Id.)
The children were placed with their aunt and grandmother in
March of 2018. (Id.)
February 10, 2017,  Ms. Johnson was at the Family Court of
Philadelphia when the "Family Court Clerk and Supervisor
denied [her] the right to file a notice into cases ... under
the strict orders of Judge Joseph L. Fernandes."
(Id. at 28.) Sheriff Moore told Ms. Johnson that she
would need to leave. (Id.) Ms. Johnson asked why she
had to leave and took her phone out to record the scene.
(Id.) Sheriff Moore called for backup, told Ms.
Johnson that she was not permitted to record inside the
courthouse, and "snatch[ed the] phone out of [her]
hand." (Id.) Her partner, Brian Nathaniel Shawn
stepped between them, then Sheriff Moore "in collusion
with other Family Court Sheriffs used excessive force on
[her] partner and [her] to obstruct justice."
(Id. at 29.) According to Ms. Johnson, Sheriff Moore
assaulted, battered, and choked Mr. Shaw while Sheriff Dunbar
did the same to her. (Id.) Ms. Johnson and Mr. Shaw
were then arrested and detained in "family court cells
by Sheriff Taylor." (Id.) They were searched
and threatened with citations for disorderly conduct.
(Id.) However, they were released after a hearing
where Judge Fernandes ordered that B.N.S. and H.S.S. remain
in the custody of the Department of Human Services.
April 5, 2017, Judge Fernandes held Ms. Johnson in contempt
until her newborn, I.S.S., was brought to court "without
[her] consent." (Id. at 30.) Ms. Johnson was
taken to the Riverside Correctional Facility where she
"was falsely imprisoned for approximately 60
hours." (Id.) She was subsequently taken back
to Family Court, where Judge Fernandes issued a "stay
away" order against her. (Id.) Ms. Johnson was
separated from Mr. Shaw, was not allowed to remain at her
home, and was not allowed to visit her sons and daughters.
(Id. at 30-31.)
Johnson alleges that her rights were again violated on June
6, 2017 when Judge Fernandes held Mr. Shaw in contempt of
court. (Id. at 31.) Subsequently, Nashanta Robinson
"in collusion with Police Officers of the Philadelphia
Police Department 22nd District went to Gloria
Cottman's private property and seized I.S.S. . . .
without a warrant." (Id. at 32.) I.S.S. was
then "placed in foster care where he was abused,
neglected and force vaccinated." (Id.)
February 6, 2018, Ms. Johnson's daughter C.S.J. gave
birth to a son at the Temple University Hospital.
(Id. at 33.) On February 9, 2018, Ms. Johnson claims
that "police and security, and employees including
nurses, doctors and social workers in collusion with DHS and
Net CUA 7 employees came into C.S.J. private room and used
excessive force and physically battered C.S.J. . . . and
physically grabbed newborn J.J.A. to try to take him out of
C.S.J. arms." (Id.) Ms. Johnson claims that
"nurses and social workers illegally seized J.J.A.
without a warrant." (Id. at 34.) C.S.J. was
then handcuffed and "falsely arrested" and was
taken to Henry House/Northeast Treatment Center.
(Id.) According to Ms. Johnson, C.S.J. "has not
to this day been enrolled in Henry House because she does not
consent to anything that is being done." (Id.)
C.S.J. has also "been threatened numerous times by Net
CUA 7 and DHS employees [including Shakia Harris] to do what
they tell her or else." (Id.)
Ms. Johnson contends that she's been "severely
harmed, violated and sustained severe physical, emotional and
psychological trauma, including theft and damage of [her]
religious property and alienation during their tender
years." (Id. at 35.) She also alleges that she
"sustained personal injuries by aggravated assault and
battery, false arrest, false imprisonment, violation of [her]
rights by illegal searches and seizures, due process
violations by persons acting as law enforcement officials and
public officials." (Id. at 35-36.) She cites
various federal civil and criminal statutes as well as
international treaties as the bases for her claims. As
relief, she requests "the immediate return and
restoration of [her] religious and biological property who
are [her] sons, daughters, and grandson." (Id.
at 36.) She also requests $150, 000, 00.00 in damages and for
medical coverage "for the remainder of [their] natural
lives" for herself, her children, her grandson, and her
partner, Mr. Shaw. (Id. at 36-37.)
STANDARD OF REVIEW
the Court is granting Ms. Johnson leave to proceed in
forma pauperis, her Complaint is subject to 28 U.S.C.
§ 1915(e)(2)(B)(ii), which requires the Court to dismiss
the Complaint if it fails to state a claim. Whether a
complaint fails to state a claim under §
1915(e)(2)(B)(ii) is governed by the same standard applicable
to motions to dismiss under Federal Rule of Civil Procedure
12(b)(6), see Tourscher v. McCullough, 184 F.3d 236,
240 (3d Cir. 1999), which requires the Court to determine
whether the complaint contains "sufficient factual
matter, accepted as true, to state a claim to relief that is
plausible on its face." Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (quotations omitted). "[M]ere
conclusory statements do not suffice." Id. As
Ms. Johnson is proceeding pro se, the Court
construes her allegations liberally. Higgs v. Att'y
Gen., 655 F.3d 333, 339 (3d Cir. 2011).
Claims Brought on ...