William J. Webb, Jr. v. Robert May, et al.

Summary

The United States District Court for the District of Delaware grants defendants’ motion to dismiss William J. Webb, Jr.’s amended 42 U.S.C. § 1983 complaint concerning alleged interference with court-ordered parent-child visitation. The court concludes that the referenced Family Court order did not mandate visitation and that the amended complaint therefore failed to plausibly state a First or Fourteenth Amendment freedom-of-association claim. The court denies the motion for preliminary injunction and restraining order but grants Webb one final opportunity to amend.

Holdings

1. The court could consider the Family Court order because it was integral to and explicitly relied upon in the amended complaint, and Plaintiff had actual notice of it.
2. The amended complaint failed to state a First or Fourteenth Amendment freedom-of-association claim because the Family Court order did not mandate visitation, and the alleged failure to facilitate visitation, without more, was insufficient to support the claim.
3. Plaintiff was not entitled to preliminary injunctive relief or a restraining order because he had not shown cause for that relief.

Questions Presented

1. Whether the district court could consider the Delaware Family Court visitation order on a Rule 12(b)(6) motion.
2. Whether the amended complaint plausibly stated a First or Fourteenth Amendment freedom-of-association claim based on the defendants' alleged failure to facilitate parent-child visitation.
3. Whether Plaintiff was entitled to a preliminary injunction or restraining order.

Disposition

dismissed