Sarah Whittier Brown v. District of Columbia Bartolome Bestard Bonet Holmes Cheney Brown Morton Berg, Hearing Commissioner Honorable James W. Washington, Jr. Roger A. Finzel Leonard L. Koenick David A. Gespass A. Hugh Douglas, U.S. Consul 1973 Richard G. Haegele, U.S. Consul 1973/74 American Friends Service Committee, Inc. And Margaret Anne Shaker, 113 F.3d 1245, 10th Cir. (1997)
Sarah Whittier Brown v. District of Columbia Bartolome Bestard Bonet Holmes Cheney Brown Morton Berg, Hearing Commissioner Honorable James W. Washington, Jr. Roger A. Finzel Leonard L. Koenick David A. Gespass A. Hugh Douglas, U.S. Consul 1973 Richard G. Haegele, U.S. Consul 1973/74 American Friends Service Committee, Inc. And Margaret Anne Shaker, 113 F.3d 1245, 10th Cir. (1997)
113 F.
3d 1245
97 CJ C.A.R. 707
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.
Sarah Whittier BROWN, Plaintiff-Appellant,
v.
DISTRICT OF COLUMBIA; Bartolome Bestard Bonet;
Holmes
Cheney Brown; Morton Berg, Hearing Commissioner;
Honorable
James W. Washington, Jr.; Roger A. Finzel; Leonard L.
Koenick; David A. Gespass; A. Hugh Douglas, U.S. Consul
1973; Richard G. Haegele, U.S. Consul 1973/74; American
Friends Service Committee, Inc.; and Margaret Anne Shaker,
Defendants-Appellees.
No. 96-2238.
(D.C. No. CIV 96-1147-JC) (Dist.N.M.)
United States Court of Appeals, Tenth Circuit.
May 8, 1997.
Before ANDERSON, HENRY, and BRISCOE, Circuit Judges.
ORDER AND JUDGMENT*
BRISCOE, Circuit Judge.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination
of this appeal. See Fed. R.App. P. 34(a); 10th Cir. R. 34.1.9. Therefore, the case
is ordered submitted without oral argument.
2
Plaintiff Sarah W. Brown, appearing pro se, filed this action pursuant to the
Declaratory Judgment Act, 28 U.S.C. 2201, asking the district court to declare
void a divorce decree issued in 1973 by the District of Columbia Superior
Court. The district court sua sponte dismissed plaintiff's complaint for lack of
subject matter jurisdiction. Plaintiff appeals the dismissal and seeks leave to
proceed in forma pauperis on appeal.
The underlying facts of this case are set forth in detail in the district court's
order of dismissal. In summary, plaintiff married defendant Holmes Cheney
Brown in 1964. The couple separated in 1969 while plaintiff was undergoing
psychiatric care. Holmes Cheney Brown filed for divorce in 1973 and a divorce
was granted on December 27, 1973, in the District of Columbia Superior Court.
Plaintiff alleged she was undergoing psychiatric treatment in Malta during the
time of the divorce proceedings and had no knowledge of or input into the
proceedings.
After exhaustively reviewing applicable case law, the district court concluded
the case fell within the domestic relations exception to federal subject matter
jurisdiction because plaintiff was asking the court to declare the marital status
of Holmes Cheney Brown and her. As an alternative basis for dismissal, the
court concluded jurisdiction was not proper because of the pendency of similar
proceedings in the United States Court of Appeals for the District of
Columbia.1
We agree that the district court lacked subject matter jurisdiction over plaintiff's
complaint. As noted by the court, the matrimonial exception to diversity
jurisdiction, as articulated in Barber v. Barber, 62 U.S. (21 How.) 582, 584, 16
L.Ed. 226 (1859), remains valid and precludes federal courts from exercising
jurisdiction over cases involving divorces, alimony, or child custody.
Ankenbrandt v. Richards, 504 U.S. 689, 703 (1992); Williams v. Lambert, 46
F.3d 1275, 1283 (2d Cir.1995). Although the exception is narrow, it is clearly
applicable where, as here, a party seeks modification of a divorce decree.
Ankenbrandt, 504 U.S. at 701-02. Moreover, it is well established that federal
courts lack subject matter jurisdiction to review a state court judgment, even if
the state judgment is challenged as unconstitutional. District of Columbia Court
of Appeals v. Feldman, 460 U.S. 462, 486 (1983).
Plaintiff's motion for leave to proceed in forma pauperis is DENIED and the
appeal is DISMISSED. Plaintiff's motion to supplement the record on appeal is
DENIED. The mandate shall issue forthwith.
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally
disfavors the citation of orders and judgments; nevertheless, an order and
judgment may be cited under the terms and conditions of 10th Cir. R. 36.3
We have located decisions from the District of Columbia Circuit dismissing
three similar actions filed by plaintiff. Brown v. Koenick, 1997 WL 150101
(D.C.Cir.1997); Brown v. Koenick, 1995 WL 791569 (D.C.Cir.1995); Brown
v. Brown, 1994 WL 315346 (D.C.Cir.1994)
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