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Carrillo v. State ex rel. Children, Youth and Families Department

United States District Court, D. New Mexico

May 29, 2019

DESTINEE JACKLYN CARRILLO, Plaintiff,
v.
STATE OF NEW MEXICO ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT; MARIA MORALES; DIEDRE MALLON; SHONDREA PERDUE; ASHLEY WILLIAMS; DEPUTY FNU CASATO; CYNTHIA TESSMAN; SASHA INGMAN; RANEA RICHARDS CHARNEY; JULIE PARRA; WILLIAM PARNELL, and MARY DARKANGELES, Defendants.

          MEMORANDUM OPINION AND ORDER OF DISMISSAL

         THIS MATTER comes before the Court on Plaintiff Destinee Jacklyn Carrillo's Civil Rights Complaint Pursuant to 42 U.S.C. § 1983, filed January 14, 2019 (Doc. 1)(“Complaint”). Carrillo appears pro se. The primary issue is whether the Complaint states a claim on which relief may be granted. For the reasons set out below, the Court will dismiss this case without prejudice for failure to state a claim on which relief may be granted.

         FACTUAL BACKGROUND

         The Court takes its facts from the Complaint. The Court provides these facts for background. It does not adopt them as truth, and it recognizes that these facts are largely Carrillo's version of events.

         Defendant Maria Morales

         Morales is a “CYFD[1]Child Abuse Investigator, ” who “removed [Carrillo's] children with no court ordered warrant.” Complaint at 1. Morales “fabricated statements to illegally gain custody” and “failed to follow the scope of her job intentionally, neglected her duties, and lied to obtain foster funds.” Complaint at 1. Additionally, Morales “used [Carrillo's] new evidence against [Carrillo], although it was outdated used it to fabricate false statements with no supporting evidence, on 11/1/18 to illegally gain custody.” Complaint at 2. Morales “neglected her duties, and neglected procedures relevant to eligibility for foster children. She failed to prevent Removal [sic], in no way did she attempt reasonable efforts to return the children to family.” Complaint at 2. Carrillo alleges that “[n]o notices were sent out to family for custody” and that Morales “failed/neglected parents['] suggestion for safety monitors even though [Carrillo] is the original reporter of abuse, which entitles [Carrillo] to immunity for Reporting the abuse.” Complaint at 2.

         Defendant Diedre Mallon

         Mallon is a “CYFD Supervisor.” Complaint at 4. Mallon “condoned, and approved Maria Morales['] actions despite All [sic] of their jobs to protect our constitutional rights. [Mallon] blamed [Carrillo] for [Carrillo's] children being molested, made rude comments, Along [sic] with [Morales] Removed [sic] [Carrillo's] children w[ith] no court order, and to avoid her duties conspired w[ith] [Morales].” Complaint at 4.

         Defendant Shondrea Perdue

         Perdue is a “CYFD Permanency Case Worker.” Complaint at 5. Perdue

lacked the adequate skills and training for her position. She constantly rescheduled meetings, and appointments. She has constant issues with communication! She's very disorganized, lacks professionalism, and fails to be accurate on responsibi[li]ties or deadlines. After advising [Perdue] of violations, she refused to listen, and failed to protect my children[] and I. Our constitutional rights. My case has regressed and [I] beli[e]ve to the best of my knowledge she is acting out of retaliation to [my] holding her responsible for her job.

         Complaint at 5.

         Defendant Ashley Williams

         Williams is a “CYFD Supervisor.” Complaint at 5. “Williams condoned, conspired and approved [Perdue's] behavior/actions and failed to enforce state law pertaining to child abuse & neglect cases.” Complaint at 5.

         Defendant Deputy FNU Casato

         Casato is a “Bernallio [sic] County Sherriff.” Complaint at 5. Casato “intentionally, knowedlegdbly [sic], neglegently [sic], and illegally removed [Carrillo's] children with no court order and tranferred [sic] custody to CYFD Maria Morales to commit more civil rights violations.” Complaint at 5.

         Defendant Cynthia Tessman

         Tessman's “job is to represent the court in the best interests of the children[']s well being, rather then [sic] the State[']s best interest.” Complaint at 5. Tessman

conspired with all the above defendants to violate my familes [sic] constitutional right(s)[, ] filed motions, encouraged fabricated allegations[, ] participated and illegally, and knowingly condoned and approved of all behaviors of the above mentioned CYFD Employees. . . . She failed to obtain any discovery on anything, she has admissions certification to the state bar, but yet did not follow state law, she violated state law, nobody will do anything ...

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