United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER OF DISMISSAL
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.
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.
is a “CYFDChild 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although it was outdated used it to fabricate false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.
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.
is a “CYFD Permanency Case Worker.” Complaint at
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.
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.
Deputy FNU 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.
“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 ...