Case Information
*1 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION
DEAN ALLEN SNOW,
Plaintiff, 5:24-CV-5089 OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO vs. PROCEED IN FORMA PAUPERIS AND 1915A SCREENING KNOWN AND UNKNOWN LAW
ENFORCEMENT OFFICERS AND
GOVERNMENT PERSONNEL
Defendants.
Plaintiff Dean Allen Snow filed a pro se lawsuit alleging various torts and constitutional violations related to state court proceedings involving criminal convictions as well as child custody and guardianship determinations. (Doc. 1). Mr. Snow moves for leave to proceed in forma pauperis. (Doc. 2). Additionally, Mr. Snow moves for appointment of counsel, several discovery requests, a stay of his state court criminal and domestic proceedings, and a stay of his sex offender registration requirement. (Doc. 1 PgID 3,10,12; Doc. 7). Having reviewed the motion, the Court finds that Plaintiffs motion to proceed in forma pauperis should be granted. See 28 U.S.C. § 1915(a)(1). Additionally, for the reasons discussed below, the Court will dismiss this action without prejudice. See Fed. R. Civ. P. 12(h)(3); 28 U.S.C. § 1915(e)(2)(B).
I. Motion for Leave to Proceed in Forma Pauperis
A federal court may authorize the commencement of any lawsuit without prepayment of
fees when an applicant submits an affidavit stating he or she is unable to pay the costs of the
lawsuit. 28 U.S.C. § 1915(a)(1). The Eighth Circuit has established parameters for addressing in
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forma pauperis motions and has instructed that a petitioner's financial status should be evaluated
first, and screening under 28 U.S.C. § 1915 should follow. Martin-Trigona v. Stewart, 691 F.2d
856, 857 (8th Cir. 1982). "[I]n forma pauperis status does not require a litigant to demonstrate
absolute destitution." Lee v. McDonald's Corp.,
II. 1915A Screening
A. Factual Background Plaintiffs Complaint is filled with his legal conclusions about rights that were allegedly violated without identifying key dates or events that would form the factual basis of the claims. References to state court dockets for criminal, guardianship, and juvenile matters, together with allegations of "wrongful removal of children and unjust imprisonment" suggest that Plaintiff was the defendant in at least one criminal case, imprisoned (presumably in connection with the criminal matter(s)), lost custody of two children (presumably in connection with the criminal matter(s) and imprisonment), and claims that various irregularities or improprieties took place in the course of the criminal and child custody proceedings and in the investigations underlying those proceedings.
In Count I, Plaintiff alleges that he was xmlawfully detained and wrongfully imprisoned in violation of his Fourth Amendment rights to be free from unreasonable searches and seizures. (Doc. 1 PgID 4, 9). In Count II, Plaintiff alleges that his Fourteenth Amendment rights to due *3 process were violated through "wrongful imprisomnent, lack of effective counsel, and obstruction of appeals." {Id. at PgID 4, 9).
Count III is a claim for Conspiracy to Violate Civil Rights pursuant to 42 U.S.C. § 1985 alleging that Defendants "conspired to deprive Plaintiff of his constitutional rights through fabricated evidence and false accusations." {Id. at PgID 4). He also alleges "malicious prosecution" as part of Count III. {Id at PgID 9). Plaintiff alleges the Sturgis Police Department, Meade County Sheriffs Office, Child Protective Services, and his daughters' foster parents "coordinated... to obstruct justice and violate Plaintiffs constitutional rights ... through a pattern of misconduct, including improper procedures, falsification of evidence, and obstruction of justice ... to deprive Plaintiff of parental rights and due process." {Id. at PgID 7). From what the Court can gather from the complaint, this claim for conspiracy relates to both his state criminal conviction and domestic proceedings.
Count IV is a claim for Intentional Infliction of Emotional Distress based on the "wrongful" removal of Plaintiff s children and unjust imprisonment. {Id. at PgID 4). Count V is a claim for Loss of Consortium and Custodial Rights, alleging that his rights "to parent and maintain familial ties were unlawfully severed by Defendant's actions." {Id. at PgID 4).
Count VI is a claim for Ineffective Assistance of Counsel against Eric James Whitcher, Plaintiffs attorney in one if the state court domestic proceedings. {Id. at PgID 4). Plaintiff alleges that Mr. Whitcher deprived him of his right to appeal. {Id. at PgID 16).
Count VII is a claim for Malfeasance against the Judges who presided in Plaintiff s state court criminal and domestic proceedings. {Id. at PgID 4). Plaintiff alleges that the presiding Judges altered court records, "knowingly and intentionally violated Plaintiffs rights, and prevented him from having a fair hearing." {Id. at PgID 2, 4).
Finally, in liberally construing Plaintiffs pro se complaint, Plaintiff alleges a claim for defamation and assault and battery. Plaintiff alleges that he was "subjected to campaign of defamation and harassment." {Id. at PgID 8). Plaintiff also claims that he was the victim of an attempted murder through "unlawful actions and collusion with various government officials, including misuse of their authority and evidence tampering." {Id. at PgID 3, 5).
In support of his claims. Plaintiff asks the Court to review a TikTok page identified as "Silver Vein Official." {Id. at PgID 9). The Court declines Mr. Snow's invitation to follow this link and, further, declines to download the videos and images from TikTok. This might be a useful place for Plaintiff to keep track of documents and files it wishes to access, but it is not an appropriate repository for the Court. Plaintiff asserts that the "content, when reviewed in chronological order from earliest to most recent, provides a clear narrative of events, documenting key incidents and showing how Defendants' actions led to the wrongful imprisonment of Plaintiff . . . and reveals an undeniable pattern that supports Plaintiffs claims of -wrongful imprisonment and conspiracy." (M). Plaintiff acknowledges that these materials are "integral to establishing Plaintiffs innocence and the misconduct of Defendants." {Id.). The Court will not download the videos and images from TikTok and will only examine materials that are properly filed with the clerk of courts. At this stage, the Court would only expect to review materials submitted as legible written attachments to the Complaint. See Rule 10 of Federal Rules of Civil Procedure. ("A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.").
Lastly, Plaintiffs complaint has identified more than forty individuals and entities who are
in some way or another involved in the events that led to filing his Complaint. Ten of these
individuals are identified in the language of the Complaint as "plaintiffs" but have not signed the
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Complaint.^ A pro se plaintiff has no right to represent another individual in federal court. Steele
V. City ofBemidji,
^ A requirement for proceeding in a class action is that the "representative parties will fairly and adequately protect
the interests of the class." Fed. R. Civ. P. 23(a)(4). An individual's right to plead and conduct his own claims does
not entail a "concomitant right to litigate the claims of other individuals" and pro se plaintiffs' attempts to represent
a class are generally denied. Morris v. Russell Cnty. Sheriff Dep't, No. 3:24-CV-650-MHT-CSC,
class representatives."). The Court construes Mr. Snow's Complaint as asserting claims on his behalf only.
The Complaint identified as "Defendants" the "Known Law Enforcement Officers and Government Personnel (e.g. police officers, CPS workers, or other governmental figures directly involved in the wrongful actions)" and "Unknown Law Enforcement Officers and Government Persormel (those whose identifies are presently unknown but are responsible for the unlawful actions alleged)." Roughly thirty other individuals in the Complaint are not elearly identified as parties,^ and although the Complaint alleges grievances against some of these individuals, the Court is unwilling to speculate as to whether they are among the "Known Law Enforcement Officers and Government Personnel" identified as "defendants.'"^ If such individuals are identified clearly as defendants in a future complaint (and not otherwise subject to dismissal), the Court would consider them as defendants. One individual is identified in the Complaint as a "witness."^
B. Legal Standard Congress has directed this Court imder 28 U.S.C. § 1915(e)(2)(B) to review and screen claims in a complaint being filed in forma pauperis to determine if they are: (1) frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief against a defendant who has immunity. 28 U.S.C. § 1915(e)(2)(B).
^ Robin Lynn Chipowsky, Andrew Joel Chipowsky, Jeiuiifer Johnson, Bruce Alva Hubbard (deceased), Bruce Alva Hubbard's Estate, Jerome Eckrich, Jerry Davidson, Michelle Comer, Jim Seward, Amber Richey, Karen Paige Hunt Sturgis Police Department, Meade County Sheriffs Office, Lawrence County Sheriffs Office, Butte county Sheriffs Office, Meade County Prosecutor's Office, Kevin Krull, John Bastion, Randall H. Macy, Warren G. Johnson, Bryce Flint, Eric James Whitcher, Ruth Heiser, Ray Rice, Julie Rice, Russel Duan Swanson's Estate, Jennifer Johnson, and Deborah Hughes.
As the Complaint was submitted to the Court, language at the margins of the document was cut off on various pages, but the Court cannot assume that there is language identifying these individuals as defendants where no such language appears on the document.
^ Karen Griffith is identified as a "witness" from Black Hills Counseling who supports Plaintiffs claims. (Doc. 1 PgID 2).
An action is frivolous if "it lacks an arguable basis either in law or in fact." Aziz v. Burrows,
A pro se complaint, "however inartfully pleaded," must be held to "less stringent standards
than formal pleadings drafted by lawyers." Haines v. Kerner,
C. Legal Analysis As outlined below, pro se Plaintiff Dean Allen Snow recites various legal theories and forms of relief that he is seeking. Because Mr. Snow is proceeding in forma pauperis, the Court has reviewed his complaint under 28 U.S.C. § 1915A. Based on that review, and for the reasons discussed below, the Court will dismiss this case without prejudice.
1. Subject Matter Jurisdiction
Federal courts are, by design, courts of limited jurisdiction, possessing only the
jurisdictional authority granted by the United States Constitution and Congress. Spreitzer
Properties, LLC v. Travelers Corp.,
Because jurisdiction is a threshold requirement, the issue of subject matter jurisdiction may
be raised at any time, by any party or the court. Gray v. City of Valley Park, Mo.,
a. Domestic Relations Exception to Federal Jurisdiction
Since Barber v. Barber,
As the Court explains below. Counts III, IV, V, and VII of Plaintiffs complaint are "inextricably intertwined" with state court child custody and guardianship proceedings. Although Plaintiff drafted Counts III, IV, V, and VII to allege torts and civil rights violations, the effect of a remedy in the current suit would modify or nullify the state court domestic rulings. Count III is a claim for conspiracy to violate civil rights alleging that Defendants coordinated to violate Plaintiff s constitutional rights and the wrongful removal of his children. Plaintiff is a seeking declaratory and injunctive relief requesting this Court to declare that the adverse custody determination violated his constitutional rights and to stay all pending state court proceedings related to the child custody and guardianship cases. This would require this Court to declare as null and void orders entered in state domestic proceedings. Likewise, Count VII is a claim for malfeasance alleging that the presiding state court Judge in his child custody case altered court records and prevented him from having a fair hearing. This too would require a finding that the state court orders are null and void. Plainly then. Counts III and VII are inextricably intertwined with state domestic proceedings and this Court lacks subject matter jurisdiction under the domestic relations exception to federal jurisdiction.
Counts IV, V, are claims for emotional distress and loss of consortium in which Plaintiff
seeks compensatory and punitive damages related to the emotional, psychological and financial
harm caused by the "wrongful" loss of his parental rights. As the Eighth Circuit reasoned in Kahn,
the district court lacked subject matter jurisdiction because the requested federal remedy
overlapped with the remedy at issue in the state proceeding. See
Here, proof of Plaintiffs claims would require a finding that the state court custody decision was "wrongful" and intended to inflict emotional distress. Not only would this work to invalidate the state court orders, but like Kahn, this would also require the Court to inquire into matters directly relating to the best interests of the child, factors considered by the state court in its custody determination. See SDCL § 24-4-45 (providing that "In awarding the custody of a child, the court shall be guided by consideration of what appears to be for the best interests of the child in respect to the child's temporal and mental and moral welfare."). Therefore, Counts III, TV, V, and VII are "inextricably intertwined" with state court domestic proceedings and beyond the scope of federal jurisdiction.
b. Younger Abstention Doctrine
In Younger v. Harris,
To the extent that the South Dakota state court proceedings Plaintiff seeks to challenge are
ongoing, all three factors are present in this case. First, there are ongoing South Dakota criminal,
child custody, and guardianship proceedings. Second, the South Dakota criminal, child custody,
and guardianship proceedings implicate important state interests. See Tony Alamo Christian
Ministries v. Selig,
Thus, because all three elements for Younger abstention are satisfied, the Court must
abstain from exercising jurisdiction over Counts III, IV, V, and VII and dismiss them without
prejudice. See Frederick of the Fam. Gonora v. Off. of Child Support Servs.,
c. Rooker-Feldman Doctrine
To the extent Plaintiffs claims can be construed as asking the Court to determine that
certain state court decisions relating to child custody were incorrect or based on insufficient
processes, this Court lacks subject matter jurisdiction to engage in appellate review of sate court
determinations. See Mosby v. Ligon,
Federal constitutional claims, are "inextricably intertwined" with a state court judgment "if
the federal claim succeeds only to the extent that the state court wrongly decided the issue before
it." Ace Constr. v. City of St. Louis,
2. Failure to State a Claim In Heck v. Humphrey, the United States Supreme Court held that [I]n order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus, 28 U.S.C. § 2254. A claim for damages bearing that relationship to a conviction or sentence that has not been so invalidated is not cognizable under § 1983.
Heck V. Humphrey,
If this Court were to find that Plaintiff was unlawfully imprisoned in violation of the Fourth Amendment and or did not receive due process in the state court criminal proceedings that followed, this finding would render Plaintiffs conviction invalid. Therefore, under Heck, in order *15 for Plaintiff to state a cognizable § 1983 claim he must prove that his conviction was either "reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus, 28 U.S.C. § 2254." Id. Simply put. Plaintiff has not done so. Accordingly, Counts I and II do not state a cognizable § 1983 claim and are dismissed without prejudice.
The final enumerated claim that remains is Count VI, a claim for ineffective assistance of
counsel against Eric James Whitcher, Plaintiffs attorney in one of the state court domestic
proceedings. (Doc. 1 PgID 16). Although labeled as "ineffective assistance," this is really a claim
for legal malpractice. Ineffective assistance of counsel is a claim used to challenge a criminal
conviction based on the Sixth Amendment right to receive a fair trial. See Strickland v.
Washington,
Nevertheless, even with the benefit of liberal construction. Plaintiffs complaint fails to
provide sufficient factual allegations to support a claim for legal malpractice. In South Dakota, to
state a claim for legal malpractice, a plaintiff must prove: "(1) the existence of an attorney-client
relationship giving rise to a duty, (2) the attorney, either by an act or failure to act, breached that
duty, (3) the attorney's breach of duty proximately caused injury to the client, and (4) the client
sustained actual damage." Peterson v. Issenhuth,
To summarize, the Court has dismissed Cormts III, IV, V, and VII for lack of subject matter jurisdiction, and dismissed Counts I, II, and VI for failure to state a claim upon which relief can be granted. Although unnumbered as a separate claim, in liberally construing Plaintiffs complaint, he also alleges a claim for defamation and assault and battery. Like Count VI, however. Plaintiffs Complaint does not contain sufficient factual allegations to support either claim.
In South Dakota, to state a claim for defamation a plaintiff must show "a false and unprivileged publication ... which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation." SDCL §20-11-3. The only allegation in support of Plaintiffs defamation claim is that he was subjected to "campaign of defamation and harassment." (Doc. 1 PgID 8). This is insufficient, and Plaintiffs defamation claim is dismissed without prejudice for failure to state a claim.
To state a claim for civil assault and battery in South Dakota, a plaintiff must show that the
defendant: "(a) [intended] to cause a harmful or offensive contact with the person of the other or a
third person, or an imminent apprehension of such a contact; and (b) an offensive contact with the
person of the other directly or indirectly results." Reeves v. Reiman,
III. Other Miscellaneous Motions
Mr. Snow also moves the Court to appoint counsel. (Doc. 1, at 10). "A pro se litigant has
no statutory or constitutional right to have counsel appointed in a civil case." Stevens v. Redwing,
Plaintiff further requests that the Court issue arrest warrants in connection with his claimed attempted murder. Finally, Plaintiff makes several discovery requests including the appointment of a digital forensic expert, forensic document examiner, and the production of several court transcripts. Since the Complaint is dismissed, albeit without prejudice, the request to appoint counsel, issue arrest warrants, appoint experts, and order discovery are all denied as moot.
IV. Conclusion and Order
For the reasons stated above, IT IS HEREBY ORDERED: 1. That Plaintiff's motion to proceed in forma pauperis. Doc. 2, is granted; 2. That Plaintiffs Complaint, Doc. 1, is dismissed in its entirety without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(I and ii) and Rule 12(h)(3) of the Federal Rules of Civil Procedure; and
3. Plaintiffs motion to stay his state court domestic proceedings, state court criminal proceedings (Doc. 1), and his related sex offender registration requirement (Doc. 7) is denied pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure. tc
DATED this of June, 2025.
BY THE COURT:
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ILAWRENCE L. PIERSOL United States District Judge