Donna Greenspan, an individual, and A.G., a minor, by and through her Guardian ad Litem v. County of San Diego, et al.
Published: Mar. 21, 2015 | Result Date: Nov. 24, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-00210-LAB-DHB Settlement – $325,000
Court
USDC Southern District of California
Attorneys
Plaintiff
Samuel H. Park
(Law Offices of Samuel H. Park)
Shawn A. McMillan
(Law Offices of Shawn A. McMillan APC)
Defendant
Christopher J. Welsh
(Office of the San Diego County Counsel)
Donald F. Shanahan
(Office of the San Diego City Attorney)
Facts
Donna Greenspan filed a lawsuit on behalf of her minor son, A.G., against the County of San Diego, alleging constitutional rights violations.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on Feb. 22, 2012, A.G. was with plaintiff's husband, Howard, when she called to inform him that she was on her way home from work. Plaintiff panicked when she heard a disturbance in the background and the line disconnected. When plaintiff got home, she thought her house had been burglarized and her family kidnapped. She later discovered the events that unfolded.
Plaintiff alleged that the police barged in their home and, with guns drawn at Howard and A.G., forced Howard to confess to some crime. At some point, A.G.'s regular babysitter came to take temporary custody of A.G. until plaintiff's arrival, but the authorities, including the officers and social worker who arrived on the scene, refused to release the child to the babysitter. Authorities then removed A.G. from his parent's custody and detained him at the Polinsky Children's Center. While there, plaintiff alleged that A.G. was sexually molested by another boy and beaten by another child while in the care of the defendant.
Plaintiff alleged that defendant wrongfully removed A.G. from her custody and that defendant was liable for the harm A.G. suffered while he was in defendant's custody at the Polinsky Children's Center. Plaintiff also alleged that the dependency petition filed by the county was false in that there was no evidence of abuse, neglect or that A.G. was ever in any imminent danger of abuse or neglect.
Result
The County agreed to settle the dispute for $325,000. Of the settlement, A.G. would receive $150,000 to be used to purchase a deferred annuity. The balance constituted damages, attorney fees, and costs.
Other Information
FILING DATE: Jan. 25, 2013.
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