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Brown v. Wilson

United States District Court, D. Colorado

March 6, 2014

D. BROWN, Plaintiff,
v.
JEFF WILSON, Deputy, JARED DENNIS, Detective, CORNELL, Deputy, JOHN MINOR, Sheriff, and OTHER DEPUTIES, Unknown names, Defendants.

ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

WILLIAM J. MARTÍNEZ, District Judge.

Pro se Plaintiff D. Brown ("Plaintiff") brings this action under 42 U.S.C. § 1983 against Defendants Deputy Jeff Wilson, Detective Jared Dennis, Deputy Cornell, Sheriff John Minor, and unknown Sheriff's deputies (collectively "Defendants"). (ECF No. 1.)

This matter is before the Court on Plaintiff's construed Motion for a Preliminary Injunction. (ECF Nos. 5, 15, 28.) For the reasons set forth below, the Motion is denied.

I. BACKGROUND

This case arises out of an alleged conspiracy between Plaintiff's estranged husband, Neil Brown, a Colorado police officer and a citizen of Australia, and the Defendants, members of the Summit County Sheriff's Department and Mr. Brown's "friends and coworkers". (ECF No. 11 (Am. Compl.) at 3.) Plaintiff contends that Defendants and Mr. Brown conspired to manipulate the judicial system and violate a California court-imposed domestic violence restraining order ("DVRO") against Mr. Brown. ( Id. ) The DVRO prevented Mr. Brown from contacting Plaintiff or their children, and contained custody orders granting Plaintiff full custody of the children. ( Id. ) Plaintiff alleges that Mr. Brown kidnapped the children from a California summer camp in June 2013, and that she has not seen the children since. ( Id. )

Plaintiff also alleges that because of Defendants' conspiracy with Mr. Brown, they arrested her on false felony stalking charges in Colorado, which were dismissed by the deputy district attorney approximately five months later. ( Id. at 24-25.) She states that Defendants refused to accept her complaint against Mr. Brown, and one unidentified deputy threatened to kill her if she returned to Summit County. ( Id. )

On December 24, 2013, Plaintiff sought relief in California state court and obtained an Initial Order and Warrant ("Warrant") directing enforcement of the DVRO. (ECF No. 5 at 7-9.) The Warrant stated that "the District Attorney of Los Angeles County, and FBI for interstate enforcement, is authorized and directed to conduct an investigation and to take all actions necessary to locate Neil Brown, Respondent, and the minor child(ren) and to procure compliance with the custody order" by taking temporary custody of the children and turning them over to Plaintiff. ( Id. ) However, the Warrant has not been enforced in Colorado, allegedly because of the conspiracy between Mr. Brown and Defendants. ( Id. at 3-5.) Plaintiff believes that Mr. Brown may be hiding the children in Colorado, that Mr. Brown's current girlfriend is telling them that she is their new mother, and that Mr. Brown may be planning to take the children to Australia. (Am. Compl. pp. 24-25.)

On January 6, 2014, Plaintiff filed this action under 42 U.S.C. § 1983 against Defendants Deputy Sheriff Jeff Wilson, Detective Jared Dennis, Deputy Sheriff Cornell, Sheriff John Minor, and unknown Sheriff's deputies, and the Summit County Sheriff Department. (ECF No. 1.) At the Court's request, Plaintiff filed her Amended Complaint on January 21, 2014. (ECF No. 11.) Plaintiff's Amended Complaint brings claims under 18 U.S.C. § 3182 (the Extradition Act), 28 U.S.C. § 1738 (the full faith and credit statute), 18 U.S.C. § 2265 (full faith and credit given to protection orders), 18 U.S.C. § 3771(a)(1) (crime victims' rights), the Parental Kidnapping Prevention Act of 1980, 28 U.S.C. § 1738A, and the Due Process Clause of the Fourteenth Amendment. (Am. Compl. pp. 13-30.) Plaintiff also asserts state law claims of false arrest, false imprisonment, and abuse of process. ( Id. pp. 23-25.)

Within Plaintiff's Amended Complaint, she requested a Temporary Restraining Order ("TRO") and/or a Preliminary Injunction. (Am. Compl. p. 30.) On the same day that Plaintiff filed her Amended Complaint, she also filed a proposed order entitled "Motion for Preliminary Injunction Order With Notice". (ECF No. 5.) On February 5, 2014, Plaintiff filed a Motion for Status on TRO or Preliminary Injunction. (ECF No. 15.)

On February 19, 2014, U.S. District Judge Lewis T. Babcock issued an Order dismissing Plaintiff's claims asserting a violation of the Extradition Act, crime victims' rights statute, and the PKPA, as well as Plaintiff's Fourteenth Amendment due process claim. (ECF No. 18.) The remaining claims include the alleged violations of the full faith and credit statutes, 28 U.S.C. § 1738 and 18 U.S.C. § 2265(a), and the state law claims for false arrest, false imprisonment, and abuse of process, which arise under diversity jurisdiction, 28 U.S.C. § 1332. ( Id. )

On February 21, 2014, the Court construed Plaintiff's requests for injunctive relief as a Motion for TRO or Preliminary Injunction ("Motion"), denied the Motion with respect to the TRO request, and set a hearing with respect to the preliminary injunction request. (ECF No. 22.) Due to difficulty contacting Plaintiff and because there was no indication that Defendants had yet been properly served, Plaintiff was ordered to contact the Court to ensure that Defendants had been notified of the hearing, at penalty of vacating the hearing and denying the Motion without prejudice. (ECF No. 24.) Plaintiff called Chambers on the morning of March 3, 2014 and stated that she had notified Defendants of the impending hearing. She then filed a notice to the same effect, and attached an e-mail that she sent to two of the Defendants, Sheriff Minor and Detective Dennis, dated Thursday, February 27, 2014 and entitled "HEARING DATE U.S. District Preliminary Injunction". (ECF No. 27 at 3.)

On March 5, 2014, Plaintiff filed another Motion for Preliminary Injunction. (ECF No. 28.) Later that same morning, a hearing was held on Plaintiff's Motion and Plaintiff's argument was heard. (ECF No. 31.) Neither Defendants nor any representative for Defendants appeared at the hearing. ( Id. ) At the conclusion of the hearing, the Court denied the Motion, and stated that the instant written Order would be forthcoming.

On March 5, 2014, the Clerk received notice from the United States Marshal Service that Defendants Sheriff Minor, Detective Dennis, Deputy Cornell, and other unknown deputies were properly served with the Summons and Amended Complaint on March 4, 2014. (ECF Nos. 34-37.) The ...


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