Gracie Darlene McCue, Lawrence G. McCue, M.P. v. South Fork Union School District, a public entity; Robin Schive; Shannon Damron; Karen Zurin; Sabine Mixion; Child Protective Services, a public entity; Linda Lopez; Gabriela Johnson; Kern County Sheriffs Department, a public entity; James D. Stratton; Rick Koernke; Sandy Koernke; Kern County
Published: Jun. 2, 2012 | Result Date: May 17, 2012 | Filing Date: Jan. 1, 1900 |Case number: S-1500-cv-266608 Settlement – $1,045,000
Court
Kern Superior
Attorneys
Plaintiff
Robert R. Powell
(Powell & Associates)
Shawn A. McMillan
(Law Offices of Shawn A. McMillan APC)
Defendant
Mark L. Nations
(Office of the Kern County Counsel)
Anthony N. DeMaria
(DeMaria Law Firm APC)
Facts
On March 6, 2008, Child Protective Services in Kern County removed Darlene and Lawrence McCue's seven-year-old son, based on a referral from UCLA Medical Center alleging that the parents had endangered the child by seeking unneeded medical attention for him. The County kept the child in foster care for four months until a juvenile dependency court determined that its jurisdiction was no longer required. The parents sued the County.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that defendant took the child from them in violation of the law and absent a warrant or imminent danger of serious bodily harm.
DEFENDANT'S CONTENTIONS:
Defendant claimed that the sheriff's deputy reviewed medical records and performed interviews prior to determining that a lawful basis existed to take the child.
Result
Kern County agreed to pay $1 million. School District agreed to pay $35,000. Foster parents agreed to pay $10,000.
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