Jurisdiction- Custody Dispute

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7^th Circuit Court of Appeals

Case Name: Aneta Hadzi-Tanovic v. Robert Johnson

Case No.: 21-3373

Officials: Rovner, Hamilton, and Brennan, Circuit Judges.

Focus: Jurisdiction- Custody Dispute

This case arises out of a custody dispute between plaintiff Aneta Hadzi-Tanovic and her former husband, defendant Slobodan Pavlovich, in an Illinois state court. After the state court issued an order requiring that Hadzi-Tanovic’s parenting time with her children be supervised, she filed this action in federal court. She brings claims under 42 U.S.C. §§ 1983 and 1985 against her ex-husband, the children’s guardian ad litem, and the state court judge. She alleges the three conspired to violate her and her children’s rights to family association and her right to a fair and unbiased trier of fact. The district court dismissed her complaint on abstention grounds. Hadzi-Tanovic v. Johnson, 2021 WL 5505541 (N.D. Ill. Nov. 24, 2021). Hadzi-Tanovic has appealed.

The Seventh Circuit ruled that Hadzi-Tanovic claims injuries caused by a final state court judgment, she does not allege injuries independent of the state court judgment, and she had a reasonable opportunity to present her claims in state court. For these reasons, RookerFeldman bars her suit.

Decided 03/14/23

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