Douglas Joseph Peterson v. Bruce Babbitt

On behalf of himself and his minor children, Peterson filed a pro per 42 U.S.C. § 1983 complaint in the district court alleging that by denying him visitation rights with his children, the Department of Economic Security and other parties he also named as defendants, were depriving them of a fundamental liberty interest without due process of law, in violation of the First, Fifth, Eighth and Fourteenth Amendments of the United States Constitution. Peterson’s rights to visitation will be determined in an ongoing action currently pending before the Arizona court. Needless to say, Peterson can raise his constitutional claims in that proceeding. The children have been wards of that court since well before Peterson was charged with the crime of which he was convicted. He would have this court issue an ex parte order requiring a personal visit in prison by his children at least once a month. The district court sua sponte dismissed the complaint on the ground that state decisions regarding the welfare of children have been traditionally left to the state and to the state courts. Cf. Lehman v. Lycoming County Children’s Services Agency,-U.S.-, 102 S.Ct. 3231 , 73 L.Ed.2d 928…