Atom J. Smith v. Dodge County Human Services, Kelly M. Enright, Evan D. Berbe, Sabrina Nehr, Katie Gordon, Nick Hafenstein, Katherine Hafenstein, Sgt. Stocks, Horicon Police Department, Lisa L. Grycowski, Rylee Umland, DCHS Health Dept. Directors, Ashley Hartman, Judge Martin J. Devries, Michael Robert Devitt, David Kianovsky, Tia Williams, Wendy McGurk, Sabrina, and Foster Parents

Summary

The United States District Court for the Eastern District of Wisconsin denied Atom J. Smith’s motions to reconsider dismissal of his amended complaint for lack of subject matter jurisdiction. The court held that the domestic-relations exception continued to bar claims arising from custody, child support, paternity, and termination-of-parental-rights proceedings, and denied his renewed motion for appointed counsel as moot.

Holdings

1. The motions for reconsideration were properly denied because Plaintiff did not identify a rare circumstance, controlling change in law or facts, or manifest error warranting reconsideration, and his arguments largely rehashed matters previously addressed or that could have been raised earlier.
2. The domestic-relations exception barred the action because Plaintiff continued to seek relief related to state custody, paternity, child-support, and parental-rights proceedings; the federal court therefore lacked subject matter jurisdiction.
3. The renewed motion to appoint counsel was moot because the court found no basis to disturb the prior dismissal for lack of subject matter jurisdiction.

Questions Presented

1. Whether Plaintiff's motions for reconsideration established a permissible ground for reconsidering the prior dismissal.
2. Whether the domestic-relations exception continued to deprive the federal court of subject matter jurisdiction over claims concerning custody, paternity, child support, and related state proceedings.
3. Whether Plaintiff's renewed motion for appointment of counsel was moot after the court declined to alter the dismissal.

Disposition

other