Peschong v. Children's Healthcare, No. 17-2828 (8th Cir. 2019)
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The Eighth Circuit affirmed the district court's dismissal of plaintiff and her three minor children's complaint against Children's Healthcare and a doctor. The action stemmed from the doctor's report to child protective services stating her concerns that plaintiff was harming one of the children. The juvenile court adjudicated that the child was in need of protection or services and ordered that he be placed in foster care.
In this action, plaintiff sought relief under Minnesota and federal law, alleging that the doctor's report was false and caused the child to be separated from his family. The court applied Minnesota's law on collateral estoppel and held that the report's veracity was a central issue in the state court proceedings. Because the juvenile court implicitly ruled that the report was credible in its entirety, the court held that plaintiff was precluded from relitigating the issue.
Court Description: Wollman, Author, with Arnold and Kelly, Circuit Judges] Civil case - Civil rights. In this Section 1983 action plaintiff alleged defendants wrongfully placed her child in foster care after questions arose concerning his medical treatment; the district court correctly determined that plaintiff was collaterally estopped from relitigating the accuracy of a report finding plaintiff appeared to be misrepresenting the child's condition as Minnesota courts had implicitly ruled the report was credible in its entirety.
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