Jury awards mom $4.9 million
Seal Beach woman said her children were improperly taken away from her by OC Department of Social Services
By LARRY WELBORN
The Orange County Register
A civil jury has awarded $4.9 million to a Seal Beach woman who claimed that the Orange County Department of Social Services violated her parental rights by taking her two pre-teen daughters away in 2000 and placing them in foster care.
Lawyers for Deanna Fogarty-Hardwick contended that two social workers fabricated negative evidence and suppressed positive evidence to support their decision to remove the girls, who were then 6 and 9.
The jury in Superior Court Judge Ronald Bauer's courtroom voted 10-2 that Fogarty-Hardwick's right to raise her children free of governmental interference had been violated, said Shawn A. McMillan, one of her attorneys.
The jury returns to court today to consider punitive damages.
McMillan said the $4.9 million verdict includes approximately $4.5 million in general damages against the county for providing inadequate training and/or supervision to the social workers and for showing deliberate indifference.
"In essence, the county saw what was going on and didn't do anything about it," McMillan said Monday.
Glen Stebens, an Irvine attorney representing Orange County, declined to comment Monday.
Dr. Michael Riley, the director of Children and Family Services for the department of social services, said he was made aware of the verdict on Monday and his staff is reviewing the case . "We were quite surprised (with the verdict)," he said.
"I had no idea that this would consume my life, and my children's lives, and my ex-husband's life for six and a half years," Fogarty-Hardwick said Monday. "It was a struggle I would not wish on anyone."
She said she did not wish to elaborate on the details of the case out of concern for the privacy of her daughters.
She said that after her children were taken away in February 2000, she was allowed only monitored visits with them for two years when they were placed first at Orangewood Children's Home and then with foster parents. Her ex-husband was given custody of the children in 2002, and she was given visitation two weekends a month, Fogarty-Hardwick said.
Now, she said, she shares custody of her daughters, who are teenagers, with her ex-husband.
Jury awards mom $4.9 million by OC Department of Social Serv
Moderators: family_man, LindaJM
-
Frustrated
- Posts: 3916
- Joined: Fri Aug 26, 2005 11:15 am
- Location: Canada
- Contact:
This confirms yes indeed there was punitive damages case won by the Mother against Orange County CA CPS.
CA CPS, may this be a lesson for you to LEARN not to lie, fabricate, scheme and no, you do not have immunities and we will make sure you won't have any immunities.
from http://www.fixcas.com under current news
Jury Verdict Against California CPS
March 26, 2007
A California mother has won a $4.9 million jury verdict against her local child protectors for taking her children without cause, and fabricating evidence while withholding exculpatory evidence. For those not familiar with litigation, this requires more than just convincing a jury. Before getting a jury, the lawyers have to navigate a legal minefield of motions and discovery, during which child protectors usually avoid liability by pleading one of their statutory immunities. Contrary to what the lawyers say in the press release below, this verdict may not get Orange County to implement procedures to prevent future abuses. Their first move may be to get the legislature to strengthen their immunity.
expand
collapse
March 26, 2007
Orange County Jury Awards Mom $4.9 Million Against Department of Social Services and its CPS Workers; Punitive Damages to Follow
Download this press release as an Adobe PDF document.
Orange County Jury finds Orange County, its CPS workers and the Department of Social Services agency liable to mother for $4.9 million in compensatory damages for constitutional rights violations arising from interference with association with children. Punitive damages to be determined against the individual CPS workers.
San Diego, CA (PRWeb) March 25, 2007 --
RE: : Fogarty-Hardwick v. County of Orange, et al.
Superior Court of California, County of Orange
Case No. 01CC02379 (Trial before Hon. Ronald L. Bauer, Dept. CX103)
On March 23, 2007, the Orange County Social Services Agency and two of its Social Workers, Marcie Vreeken and Helen Dwojak were found liable for violating the parental rights of Deanna Fogarty-Hardwick, as guaranteed under the Fourth and Fourteenth Amendments to the United States Constitution. The jury found 10-2 in favor of the Plaintiff and awarded $4.9 million in economic and non-economic damages. The punitive damages phase of the trial will begin on Tuesday, March 27, 2007.
The verdict follows the filing of a civil suit for civil rights violations by Deanna Fogarty-Hardwick, a mother of two minor children, against the Orange County Department of Social Services and three of its social workers. The Plaintiff Deanna Fogarty-Harwick sued defendants County of Orange, Orange County Social Services Agency, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak.
The Jury found against the Plaintiff and for Defendant Elaine Wilkins, by a 10-2 jury vote.
This case was brought by Plaintiff against Defendants to recover damages arising from Defendants alleged violations of Ms. Fogarty's constitutional rights to raise and associate with her children, free from governmental interference.
Ms. Fogarty-Hardwick alleged that social workers Marcie Vreeken, Elaine Wilkins, and Helen Dwojak caused Ms. Fogarty-Hardwick's children to be removed from her custody without cause, and continued to detain them without cause, violating Ms. Fogarty-Harwick's Constitutional right to familial association. Ms. Fogarty-Hardwick alleged that these defendants, while working as social workers for Orange County Social Services, intentionally fabricated evidence to obtain a court order to detain Ms. Fogarty-Hardwick's two young daughters on February 17, 2000. Ms. Fogarty-Hardwick also alleged that Orange County Social Services, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak maliciously failed to provide the court with exculpatory information, and filed false reports in furtherance of the effort to keep Ms. Fogarty-Hardwick separated from her children.
The second civil rights claim alleged that the policies, practices, or procedures employed by Orange County Social Services and the County of Orange in the removal of Plaintiff's children from her care also violated Ms. Fogarty-Harwick's constitutional rights, under the Fourth and Fourteenth Amendments to the United States Constitution, and to raise and associate with her children free from governmental interference. The unlawful policies, practices or procedures pertained to the detention of children without a finding of imminent danger or serious physical injury; interviewing children without a parent present; continuing detention after learning there was no basis to do so; using trickery and fabricated evidence; and failing to adequately train employees regarding the Constitutional rights of parents.
Lead trial attorney Shawn A. McMillan states "My client Deanna Fogarty-Hardwick, is satisfied by the Jury's recognition of the harm that the defendants caused her. But, obviously, no amount of money can ever undo the damage inflicted upon Ms. Fogarty-Hardwick or her children. We expect the Jury's 4.9 million dollar verdict will cause the County of Orange and its Department of Social Services to implement procedures to prevent future abuses by County social workers and protect other families."
San Diego Lawyer Shawn A. McMillan, of the Law Offices of Shawn A. McMillan, was trial counsel in the case. Attorney Sondra S. Sutherland was co-counsel.
For additional information, contact:
Shawn A. McMillan, Esq.
THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C.
4955 Via Lapiz
San Diego, California 92122
Telephone: (858) 646-0069
Facsimile: (206) 600-4582
Website: www.mcmillan-law.com
PRESS RELEASE DISTRIBUTED BY WWW.FEARNOTLAW.COM
Source: eMediaWire press release website
Family Saved by Recordings
CA CPS, may this be a lesson for you to LEARN not to lie, fabricate, scheme and no, you do not have immunities and we will make sure you won't have any immunities.
from http://www.fixcas.com under current news
Jury Verdict Against California CPS
March 26, 2007
A California mother has won a $4.9 million jury verdict against her local child protectors for taking her children without cause, and fabricating evidence while withholding exculpatory evidence. For those not familiar with litigation, this requires more than just convincing a jury. Before getting a jury, the lawyers have to navigate a legal minefield of motions and discovery, during which child protectors usually avoid liability by pleading one of their statutory immunities. Contrary to what the lawyers say in the press release below, this verdict may not get Orange County to implement procedures to prevent future abuses. Their first move may be to get the legislature to strengthen their immunity.
expand
collapse
March 26, 2007
Orange County Jury Awards Mom $4.9 Million Against Department of Social Services and its CPS Workers; Punitive Damages to Follow
Download this press release as an Adobe PDF document.
Orange County Jury finds Orange County, its CPS workers and the Department of Social Services agency liable to mother for $4.9 million in compensatory damages for constitutional rights violations arising from interference with association with children. Punitive damages to be determined against the individual CPS workers.
San Diego, CA (PRWeb) March 25, 2007 --
RE: : Fogarty-Hardwick v. County of Orange, et al.
Superior Court of California, County of Orange
Case No. 01CC02379 (Trial before Hon. Ronald L. Bauer, Dept. CX103)
On March 23, 2007, the Orange County Social Services Agency and two of its Social Workers, Marcie Vreeken and Helen Dwojak were found liable for violating the parental rights of Deanna Fogarty-Hardwick, as guaranteed under the Fourth and Fourteenth Amendments to the United States Constitution. The jury found 10-2 in favor of the Plaintiff and awarded $4.9 million in economic and non-economic damages. The punitive damages phase of the trial will begin on Tuesday, March 27, 2007.
The verdict follows the filing of a civil suit for civil rights violations by Deanna Fogarty-Hardwick, a mother of two minor children, against the Orange County Department of Social Services and three of its social workers. The Plaintiff Deanna Fogarty-Harwick sued defendants County of Orange, Orange County Social Services Agency, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak.
The Jury found against the Plaintiff and for Defendant Elaine Wilkins, by a 10-2 jury vote.
This case was brought by Plaintiff against Defendants to recover damages arising from Defendants alleged violations of Ms. Fogarty's constitutional rights to raise and associate with her children, free from governmental interference.
Ms. Fogarty-Hardwick alleged that social workers Marcie Vreeken, Elaine Wilkins, and Helen Dwojak caused Ms. Fogarty-Hardwick's children to be removed from her custody without cause, and continued to detain them without cause, violating Ms. Fogarty-Harwick's Constitutional right to familial association. Ms. Fogarty-Hardwick alleged that these defendants, while working as social workers for Orange County Social Services, intentionally fabricated evidence to obtain a court order to detain Ms. Fogarty-Hardwick's two young daughters on February 17, 2000. Ms. Fogarty-Hardwick also alleged that Orange County Social Services, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak maliciously failed to provide the court with exculpatory information, and filed false reports in furtherance of the effort to keep Ms. Fogarty-Hardwick separated from her children.
The second civil rights claim alleged that the policies, practices, or procedures employed by Orange County Social Services and the County of Orange in the removal of Plaintiff's children from her care also violated Ms. Fogarty-Harwick's constitutional rights, under the Fourth and Fourteenth Amendments to the United States Constitution, and to raise and associate with her children free from governmental interference. The unlawful policies, practices or procedures pertained to the detention of children without a finding of imminent danger or serious physical injury; interviewing children without a parent present; continuing detention after learning there was no basis to do so; using trickery and fabricated evidence; and failing to adequately train employees regarding the Constitutional rights of parents.
Lead trial attorney Shawn A. McMillan states "My client Deanna Fogarty-Hardwick, is satisfied by the Jury's recognition of the harm that the defendants caused her. But, obviously, no amount of money can ever undo the damage inflicted upon Ms. Fogarty-Hardwick or her children. We expect the Jury's 4.9 million dollar verdict will cause the County of Orange and its Department of Social Services to implement procedures to prevent future abuses by County social workers and protect other families."
San Diego Lawyer Shawn A. McMillan, of the Law Offices of Shawn A. McMillan, was trial counsel in the case. Attorney Sondra S. Sutherland was co-counsel.
For additional information, contact:
Shawn A. McMillan, Esq.
THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C.
4955 Via Lapiz
San Diego, California 92122
Telephone: (858) 646-0069
Facsimile: (206) 600-4582
Website: www.mcmillan-law.com
PRESS RELEASE DISTRIBUTED BY WWW.FEARNOTLAW.COM
Source: eMediaWire press release website
Family Saved by Recordings
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
-
Momof31995
- Posts: 154
- Joined: Wed Jul 06, 2005 8:58 pm
whenever i see something like this i feel like it is a small victory for everyone who has been abused and falsely accused by these godless animals who steal our children in disguise of government workers.
"When the people fear their government, there is tyranny, when the government fears the people, there is liberty." Thomas Jefferson
-
Frustrated
- Posts: 3916
- Joined: Fri Aug 26, 2005 11:15 am
- Location: Canada
- Contact:
I couldn't put it in words and you said it perfectly. 
And I agree wholeheartedly.
And I agree wholeheartedly.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
This may be correctly seen as a small victory for the cause. It is certainly a huge victory for this one family. We need to remember though that Government produces nothing nor does it earn anything. The monies paid here come from the taxpayers, you and me. We lose again. Should we not get refocused on fixing the problem?
The two enemies of the people are criminals and the government, so let us tie the second down with the Constitution so the second will not become a legalized version of the first.
Thomas Jefferson
Thomas Jefferson
Who is online
Users browsing this forum: No registered users and 5 guests