Mark Mann; Melissa Mann; N.G.P.M., a minor-by and through their Guardian Ad Litem, Bruce Paul; M.N.A.M, a minor-by and through their Guardian Ad Litem, Bruce Paul; N.E.H.M., a minor-by and through their Guardian Ad Litem, Bruce Paul; M.C.G.M., a minor-by and through their Guardian Ad Litem, Bruce Paul v. County of San Diego; San Diego County Health and Human Services Agency; Polinsky Children's Center; Andrea E. Cisneros; Lisa J. Quadros; Angela Redmond; Gilbert Fierro; Debbie Bayliss; Leela Joseph; Nancy Graff, M.D.; Noni Mationg; Kelly Monge; Sophia Sanchez; Susan Solis; and Does 1 through 50, inclusive
Published: Oct. 2, 2020 | Result Date: Jan. 14, 2020 |Case number: 3:11-cv-00708-GPC-BGS Settlement – $1,800,000
Court
USDC Southern District of California
Attorneys
Plaintiff
Donnie R. Cox
(Law Office of Donnie R. Cox)
Defendant
David L. Brodie
(Office of the San Diego County Counsel)
Caitlin E. Rae
(Office of the San Diego County Counsel)
Facts
Plaintiffs Mark Mann and Melissa Mann have four children: four-year-old triplets and a six-year-old. Social workers for Defendant San Diego County temporarily removed the four children from plaintiffs' custody due to suspected neglect and abuse. While in defendants' custody, the four children underwent a medical examination at Polinsky Children Center without their parents' knowledge or consent. Plaintiffs sued defendants in relation to the medical examinations.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that the medical exams violated plaintiffs' Fourteenth and Fourth Amendments rights. Plaintiffs contended that they were not notified of the plan to perform the medical exams which prevented them from being present on the day they were administered.
DEFENDANTS' CONTENTIONS: Defendants contended that the exams were routine medical exams provided to ensure the health of the Mann children and that of the other children and staff at Polinsky Children's Center.
Injuries
Plaintiffs alleged that they suffered from emotional distress in relation to the incident.
Result
The parties agreed to settle the case for $1.8 million inclusive of costs and attorney's fees.
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