J.B. v. Woodward

Dist. Ct. did not err in dismissing plaintiffs-father and his children's section 1983 action, alleging that defendants-DCFS personnel violated their First and 14^th Amendment rights by engaging in series of events that culminated in state court order in divorce proceeding that temporarily suspended father's visitation rights that, according to plaintiffs, infringed on their right to familial association. Dist. Ct. could properly find that plaintiffs lacked standing to bring constitutional challenge to section 5/607.6(d) of Illinois Marriage and Dissolution of Marriage Act, which bars all communications made in counseling session from being used in any manner in litigation, where plaintiffs failed to allege that named defendant, i.e. DCFS Acting Director, played any role in enforcing said section. Also, Dist. Ct. did not err in dismissing on abstention grounds plaintiffs' complaint alleging violations of plaintiffs' substantive and procedural due process rights arising out of DCFS report regarding agency's failed attempt to implement safety plan, which involved father and which led to limitation of father's visitation rights, since (1) plaintiffs filed instant complaint when state court proceeding regarding father's custody of his children was still pending; and (2) instant lawsuit constituted improper attempt to compel adjudication of claims that would inject federal court into contested and ongoing family court dispute.