This Case Revolves Around Two Minor Children Process Claims Against Defendant Oakland County Circuit Court

Presently before the Court is Tamera and Chaddwic Smiths’ (“Smith Plaintiffs”) motion for partial summary judgment and/or declaratory relief on their 42 U.S.C. §1983 due process claims against Defendant Oakland County Circuit Court Judge Elizabeth Pezzetti and Defendant Clinton County Circuit Court Judge Lisa Sullivan (vice Judge Marvin Robertson). The Court heard oral argument on March 3, 2005.

This case revolves around two minor children, sisters, Liliandra Amethest Dawne Holey, birth date August 29, 2001 and Pearl Patrice Holey, birth date August 10, 2002, who both became available for adoption due to tragic events that ensued in their biological family. This case also involves two families, the Tamera and Chaddwic Smith Family of Clinton County (“Smith Plaintiffs”), and the Donna and Jonathan Cromwell Family of Oakland County “Cromwell Defendants”), both of which are seeking to adopt these two children.

On March 17, 2003, Clinton County Family Court Judge Marvin Robertson issued orders of adoption of the two children by the Smiths – which orders were subsequently revoked by a combination of two court orders, both of which were issued without notice to the childrens’ then-parents the Smith Plaintiffs. Oakland County Family Court Judge Elizabeth Pezzetti, the second, on April 17, 2003, by Clinton County Judge Robertson, who had ordered the adoptions one month earlier.3 There has never been any allegation that the Smiths were unfit parents. The two children presently
reside with the Cromwells in Oakland County. (November 10, 2004 Opinion and Order at 1-2) On December 6, 2004 the Smith Plaintiffs filed a motion for partial summary judgment/ declaratory judgment, inter alia, on their 42 U.S.C. §1983 procedural due process claims. While the  Smith Plaintiffs’ motion speaks of relief against all Defendants, in fact, this motion does not seek relief against the Defendant Cromwells, who are named only in the conspiracy claim.
Defendant Clinton County Circuit Judge Lisa Sullivan, vice Judge Marvin Robertson, (“Defendant Judge Sullivan”) filed a response in opposition on December 30, 2004. On January 6, 2005, Defendants Jonathan and Donna Cromwell (“Cromwell Defendants”) filed a response in opposition. Defendant Oakland County Circuit Judge Elizabeth Pezzetti (“Defendant Judge Pezzetti”) filed a response in opposition also on January 6, 2005. The Smith Plaintiffs filed replies to the Defendants’ responses on January 18, 2005 and January 26, 2005.

On November 10, 2004, this Court issued an Opinion and Order: (1) Granting Defendant Oakland County Circuit Court’s Motion to Dismiss; (2) Granting Defendant Oakland County Circuit Judge Martha D. Anderson’s Motion to Dismiss; (3) Denying Defendant Oakland County Circuit 3On April 18, 2003, Judge Robertson issued a Corrected Opinion and Order with minor changes, that he noted was “NUNC PRO TUNC April 17, 2003.”

Judge Elizabeth Pezzetti’s Motion to Dismiss; (4) Granting Defendant Clinton County Circuit Court’s Motion to Dismiss; (5) Denying Defendant Clinton County Circuit Judge Lisa Sullivan’s (vice Judge Marvin Robertson) Motion to Dismiss; and (6) Denying Defendants Jonathon and Donna Cromwell’s Motion to Dismiss. Thus, the remaining Defendants in this action are Oakland County Circuit Judge Elizabeth Pezzetti, Clinton County Circuit Judge Lisa Sullivan (vice Judge Marvin Robertson), and Jonathan and Donna Cromwell. A brief summary of the case scenario is quoted from this Court’s Opinion and Order of November 10, 2004: