8th Circuit panel rejects racial remark suit.

Byline: Kevin Featherly

A father being called an African-American who was too quick to spank his kids and that his children would be removed does not support federal due-process or equal-protection claims, a U.S. 8th Circuit Court of Appeals panel has ruled.

For that and other reasons, the court on May 19 upheld a Minnesota U.S. District Court's earlier decision dismissing Dwight D. Mitchell's case.

Mitchell, his three children and Mitchell's advocacy group, Stop Child Protection Services from Legally Kidnapping, all sued Dakota County Social Services, nine individual county workers and three Minnesota state officials. Their suit alleged constitutional, federal- and state-law claims.

Despite losing the case, Mitchell's attorney Erick Kaardal called the ruling significant. He said he plans to petition for a writ of certiorari to appeal it to the U.S. Supreme Court.

"We have this racial incident and the court is dismissing that problem," Kaardal said of the 8th Circuit's ruling. "When you have that problem, it has to be addressed by the courts and it has to be addressed now."

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Background

The case stems from a child-protection investigation in 2014, when Mitchell was a New Jersey resident living temporarily in Minnesota to work as a computer consultant. Tatiana Litvinenko, his wife at the time, and his three children were living with him.

On Feb. 16, 2014, a babysitter called police to report that Mitchell beat one of his children; police arrived and observed bruising. The kids were questioned at a police station, where they told officers and Dakota County Social Services workers that Mitchell had spanked them on previous occasions.

County Social Services worker Susan Boreland then contacted Eva Campos, Mitchell's ex-wife, who alleged prior abuse and encouraged officials to pursue legal action. A subsequent county investigation uncovered New Jersey police and court records involving Mitchell and Campos' fraught past relationship, which included an attempt by Campos to abduct the kids.

Boreland initiated a child in need of protective services (CHIPS) petition and the children were removed from Mitchell's custody.

Speaking privately with Boreland outside a courtroom on Feb. 20, 2014, the 8th Circuit opinion says, Mitchell asserted that Campos lied about prior abuse incidents. Litvinenko was also present and the couple recorded the encounter with Boreland, according to Kaardal.

Boreland pledged in the discussion never to return...