When Devon Arseneau sued family court insiders in August 2021, she still had some hope in the justice system but now that the U.S. District Court for the Eastern District of Missouri has dismissed her lawsuit, she thinks spouses feuding over custody of their children should avoid St. Louis County Court entirely.
“Get along with your ex,” she said. “It doesn't matter if you must be a doormat. If your child is being hurt, do not go to the court system in St. Louis County. Try to figure it out.”
As previously reported in the St. Louis Record, Arseneau filed a lawsuit against guardian ad litem Elaine Pudlowski, Guardian ad litem Brian Dunlop, and psychologist James Reid alleging federal civil rights violations.
Reid and Pudlowski have been sued by multiple parents alleging similar claims, according to media reports, and one litigant has created a website dedicated to Dunlop's GAL representation.
In this case, Arseneau accused Pudlowski of misrepresenting to the St. Louis County Circuit Court the contents of a St. Charles County Circuit Court judgment granting an order of protection for her son whom her ex-husband’s son was allegedly molesting.
But Judge Sarah E. Pitlyk in her Sept. 29 opinion ruled that, “Presenting evidence and taking testimony in the course of a child custody proceeding are part and parcel of a guardian’s responsibilities under the Missouri Supreme Court Standards and the court order appointing Pudlowski.”
Pitlyk further explains in her 10-page ruling that Arseneau’s claims are barred because of quasi-judicial immunity, which affords individuals with judicial process duties complete immunity from civil rights suits.
“Nonjudicial persons who fulfill quasi-judicial functions intimately related to the judicial process have absolute immunity for damage claims arising from their performance of the delegated functions,” Pitlyk wrote.
As a result of the decision, Arseneau alleges that no child or parent is safe in the hands of the court or its appointees.
“Our system is completely broken,” Arseneau told the St. Louis Record. “I’ve turned to prayer. I have no other choices. I followed every single step they tell you to follow to report somebody when they do something wrong. Brian Dunlop literally threatened me with no legal custody of my son. So, he completely interrupted my due process.”
Arseneau also alleged in her complaint that Dunlop, who was her son’s GAL, refused to allow her son’s therapist to testify, failed to seek therapy for her son while he was allegedly being molested by the older sibling, refused to engage in discussions of abuse or findings regarding abuse and failed to acknowledge that his client, her son, was at risk for abuse.
Pitlyk deferred to Dunlop’s judgment as an officer of the court.
“Assuming those allegations are true, they relate to decisions squarely committed to Dunlop’s “independent judgment in formulating and presenting recommendations to the Court,” she wrote. “Thus, Arseneau complains of actions that are integral parts of the judicial process.”
Arseneau has no intention of appealing the decision.
“I'm done with lawyers because if I were to go back into court over this, I know I would lose,” she added. “That's how it's rigged. They want to silence women and children and they have successfully silenced my son.”
Reid, Pudlowski, and Dunlop did not immediately respond to requests for comment.