Ferrarini v. Cleveland Metropolitan School District
1:24-cv-01373
N.D. OhioMay 5, 2025Background
- On June 25, 2024, the Cuyahoga County Department of Children and Family Services (CCDCFS) was awarded temporary custody of minor E.F.P. after a state dependency action.
- Brandi Ferrarini, E.F.P.'s mother, filed a federal lawsuit on behalf of her daughter under Title IX and state law in the Cuyahoga County Court of Common Pleas.
- Defendants include the Cleveland Metropolitan School District and related parties; they removed the case to federal court.
- At the time of filing and throughout litigation, Ferrarini did not have legal custody of E.F.P., as confirmed in discovery responses.
- Defendants moved to dismiss for lack of standing, asserting Ferrarini has no legal right to sue on E.F.P.'s behalf under federal law.
- The court found a lack of subject matter jurisdiction and remanded the case to state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue as E.F.P.'s general guardian | Ferrarini has residual parental rights and efforts underway to regain custody; thus she retains standing | Ferrarini has no legal custody since June 25, 2024, so cannot establish prudential standing | Plaintiff lacks standing; loss of custody defeats standing |
| "Temporary" vs. "legal" custody distinction | Temporary custody is distinct, so Ferrarini keeps legal standing through residual rights | Temporary custody under Ohio law is a form of legal custody, terminating standing | Temporary custody includes legal custody; standing lost |
| Applicability of third-party standing exceptions | Exceptions apply because E.F.P. cannot sue and interests are common | No exception; E.F.P.'s claims are tolled and interests not common due to custody dispute | No exception applies; E.F.P. can sue upon reaching majority |
| Whether dismissal or remand is proper | Remand is required if no federal jurisdiction | Dismissal is proper | Remand required under 28 U.S.C. § 1447(c) |
Key Cases Cited
- Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1 (limits parental standing to sue on behalf of a minor absent legal custody)
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (plaintiff bears burden to establish federal jurisdiction)
- Madison-Hughes v. Shalala, 80 F.3d 1121 (burden of proving subject-matter jurisdiction is on plaintiff)
- Coyne v. Am. Tobacco Co., 183 F.3d 488 (plain text of § 1447(c) mandates remand if jurisdiction is lacking)