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Mitchell v. Department of Social and Health Services
United States District Court, W.D. Washington, Seattle
February 21, 2018
FATEAMA MITCHELL, et al., Plaintiffs,
DEPARTMENT OF SOCIAL AND HEALTH SERVICES, et al., Defendants.
ORDER GRANTING DEFENDANTS' MOTIONS TO
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the following motions:
1. Defendants Social and Health Services for the State of
Washington's (“DSHS”), Toni Sebastian's,
Yacob Zekarias's, and Stephen Cotter's Motion to
Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)
(Dkt. #10); and
2. Defendant Jody Lynn Warwick's Motion to Dismiss for
Insufficient Service of Process pursuant to Federal Rule of
Civil Procedure 12(b)(5).
reasons discussed below, the Court GRANTS these motions.
September 11, 2017, Plaintiffs filed a Complaint in this
Court. Dkt. #4. Plaintiffs describe their Complaint as a:
civil rights lawsuit brought by Fateama Mitchell, J.W., a
minor, by and through FATEAMA MITCHELL, his mother from for
[sic] declaratory and injunctive relief to end destructive
practices described herein exposing J.W. to end further
physical and emotional harm and unreasonable risk of harm
while in Washington from the DSHS|Children Administration,
three individual government Child Protective Administrators
and a contract provider for psychologically torturing my
family under her care by practices that included
exploitation, endangering the welfare of a child,
intimidation, malfeasance in office. DSHS failed to
investigate appropriately and protect my family.
allege that J.W. is a thirteen-year-old boy who was moved to
Washington under an “Interstate Compact Placement
Child|CA Washington State Department Social and Health
Services.” Plaintiffs further allege:
J.W. is a thirteen year old boy that had a psychological
evaluation, which indicated that he needed theraputic [sic]
treatment in October 2016. The current permanency goal is
In February 2017, despite his fragile emotion state, DCS
moved J.W. to his parental grandmother far away from his
At all relevant times a seventh grade student at Kirkland
Middle School in the Lake Washington Unified School District.
The move caused J.W. to have change schools.
J.W. has been deprived of visits with his mother and deprived
both individual and family counseling uninterrupted he needs
desperately. As result of these experiences, J.W. has been
subjected to physicsl [sic] and emotional harm and/or ongoing
unreasonable risk of harm.
In July 2017, J.W. therapist confirmed for DCS that J.W. was
not receiving individual and family counseling that was
needed. J.W. was struggling emotionally.
At all relevant times, Jody Warwick (owner) was a local
visitation supervisor, dba, Puget Sound Visitation Services
and lisited [sic] in Region 2 Seattle Contracted
Services|DSHS Washington State Department of Social and
In late March 2017 Jody Warwick contracted with Arizona DCS.
By her own account, Jody is a local visitation supervisor.
On March 23, 2017 Defendant Warwick agreed to supervise court
order visit's [sic] two Saturday's [sic] a month and
three Skype calls a week.
Defendant Warwick failed to comply with the court order and
brenched [sic] the contract.
Puget Sound Visitation Services is a retail accessories
clothing store that serves as a contracted agency of its
owner, Visitation ...
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