Cox v. Washington, No. 15-35964 (9th Cir. 2019)
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Plaintiffs filed suit against social workers under 42 U.S.C. 1983 and DSHS for negligence after two young boys were murdered by their father during a social-worker-supervised visit during dependency proceedings brought by DSHS. The Ninth Circuit affirmed the district court's grant of summary judgment for the social workers, holding that there was insufficient evidence to show that the social workers recognized, or should have recognized, an objective substantial risk that the father would physically harm his sons. In this case, the social workers did not act with deliberate indifference to the boys' liberty interests and they were entitled to qualified immunity.
The panel reversed the district court's dismissal of the negligence claims against DSHS, holding that material issues of fact existed regarding whether DSHS used reasonable care to avoid placing the boys in harm's way and whether DSHS's actions proximately caused the boys to be placed in harm's way.
Court Description: Civil Rights. The panel affirmed a grant of summary judgment in favor of social workers and reversed the dismissal of negligence claims against Washington’s Department of Social and Health Services, and remanded, in an action arising from the murder of two young boys by their father during a social- worker-supervised visit. The amended complaint alleged a 42 U.S.C. § 1983 claim against the social workers for disregarding facts showing that the father presented a serious risk of harm to the boys, as well as negligence claims against the Department for its failure to investigate and monitor the father prior to and during the visits, and failure to train. The panel held that viewing the record in the light most favorable to the plaintiffs, there was insufficient evidence to show that the social workers recognized, or should have * The Honorable Leslie E. Kobayashi, United States District Judge for the District of Hawai`i, sitting by designation. COX V. STATE OF WASHINGTON DSHS 3 recognized, an objectively substantial risk that the father would physically harm his sons. As the social workers did not act with deliberate indifference to the boys’ liberty interest, the district court did not err in concluding that the social workers were entitled to qualified immunity. Addressing the negligence claims, the panel held that the Department of Social and Health Services had a duty to investigate in order to reasonably ensure that a child is not placed in an abusive situation. The panel held that material issues of fact existed regarding whether the Department used reasonable care to avoid placing the boys in harm’s way, including: (1) determining the visitation location; (2) facilitating the February 5, 2012 visitation; and (3) training its social workers to conduct visitations. There also existed material issues of fact as to whether the Service’s actions proximately caused the boys to be placed in harm’s way.
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