Nakreisha McFarland v. Tasha King, Krystal Ellis, Stephen Calmer, Katie Kasprzak, and Racine County Human Services

Summary

A magistrate judge recommends dismissal of Nakreisha McFarland’s amended complaint concerning the denial of her Wisconsin childcare certification. The court concludes that McFarland has not identified a protected liberty or property interest and has not alleged facts showing that she was denied constitutionally adequate notice or an opportunity to be heard. The court also declines to exercise supplemental jurisdiction over the asserted state-law claims and allows fourteen days for objections.

Holdings

1. McFarland did not identify a protected liberty or property interest in Wisconsin childcare certification because certification was discretionary and she could continue pursuing childcare as an occupation without certification.
2. McFarland failed to state a procedural due process claim because she did not allege facts showing that defendants denied her notice or a meaningful opportunity to be heard; the attached records indicated that she failed to appear at two scheduled hearings.
3. McFarland failed to state a municipal-liability claim because she did not adequately allege an underlying constitutional deprivation caused by a municipal policy or custom.
4. The court could not exercise supplemental jurisdiction over McFarland's Wisconsin-law claim because she failed to state a federal cause of action.

Questions Presented

1. Whether McFarland alleged a constitutionally protected liberty or property interest in Wisconsin childcare certification sufficient to support a procedural due process claim.
2. Whether McFarland alleged that she was denied notice and a meaningful opportunity to be heard.
3. Whether McFarland stated a municipal liability claim against Racine County Human Services under 42 U.S.C. § 1983.
4. Whether the court could exercise supplemental jurisdiction over McFarland's Wisconsin-law claim after finding no viable federal claim.
5. Whether the amended complaint should be dismissed under 28 U.S.C. § 1915(e)(2).

Disposition

other