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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,
v.
DEPARTMENT OF SOCIAL AND HEALTH SERVICES, et al., Defendants.

          ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS

          RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         This 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).

         For the reasons discussed below, the Court GRANTS these motions.

         II. BACKGROUND

         On 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.

         Dkt. #4 at 1.

         Plaintiffs 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 family reunification.
In February 2017, despite his fragile emotion state, DCS moved J.W. to his parental grandmother far away from his mother.
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 Health Services.
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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