Facts

On March 25, 2006, defendant Gary Matthies, a social worker for defendant county of El Dorado CPS (CPS), informed plaintiff Mark Risso his minor daughter A.R., 8, had been removed from his physical custody and placed with her mother, Kim Meath. The plaintiff and his wife Laura had been A.R.'s primary custodians since she was approximately three-years-old. Meath took A.R. to Marshall Hospital in defendant city of Placerville, where a nurse observed a slight burn on A.R.'s jaw line consisting of three ellipses-shaped red marks beneath the corner of her mouth. A.R. explained she burned herself with a hair dryer. The nurse surmised the burns were caused by a cigarette lighter and reported them to defendant CPS. CPS removed A.R. from plaintiff's custody.

The plaintiff sued defendants for violating his civil rights, battery, false arrest, and intentional infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant Matthies improperly removed A.R. from plaintiff's custody despite her explanations for the burns and Matthies' own awareness of Meath's previous false, unsubstantiated claims. Meath had a history of drug abuse and unstable relationships. Meath also had tried previously to obtain custody of A.R. by making false reports to CPS. Assuming Matthies did not know Meath's background, he should have conducted a reasonable investigation. CPS' files revealed her numerous unfounded, inconclusive, or unsubstantiated allegations.

Defendant Gloria Magana, another social worker, also refused to return A.R. to plaintiff unless he submitted to a drug test, although Meath admitted to using drugs before A.R.'s removal and while she was caring for her daughter. After learning of Meath's history, defendants removed A.R. and placed her in foster care, where she remained for several days before being returned to a paternal aunt.

Injuries

The plaintiff suffered emotional distress.

Result

The parties reached a $200,000 settlement. Plaintiff was awarded $133,333, including $53,333 for attorney fees. A.R. received $66,667, including $26,667 for attorney fees. Defendant county of El Dorado paid $133,333 of the settlement and county of Placerville, $66,667.

Other Information

FILING DATE: March 7, 2007.