E.A. v. Gardner

Dist. Ct. did not err in dismissing for lack of standing plaintiff-divorced father’s section 1983 action against defendant-psychologist, who concluded that plaintiff had improperly used severe alienation tactics to drive wedge between plaintiff’s children and their mother, where plaintiff alleged that certain provision of Illinois Marriage and Dissolution of Marriage Act were unconstitutional to extent that they allowed state court to change plaintiff’s custody on showing that one parent endangered child’s physical/emotional health. Plaintiff could not use section 1983 action to press his claim, since: (1) defendant sued wrong party since defendant did not enforce any law; and (2) plaintiff could not sue State of Illinois, since State is not “person” for purposes of section 1983 action. Moreover, plaintiff would have preclusion issues even if he had standing to bring section 1983 action, since he could have raised instant constitutional issue in prior state-court proceeding that addressed custody issue.