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Civil Rights
42 U.S.C. Section 1983

William Mueller, Michelle Mueller, and E.M., by and through his guardian ad litem, Michael Dobie v. County of San Bernardino, Deborah Kay, and Does 1 through 10, inclusive, and each of them

Published: Nov. 11, 2022 | Result Date: Aug. 29, 2022 | Filing Date: Jan. 24, 2018 |

Case number: 5:18-cv-00151-DSF-SP Settlement –  $7,500,000

Judge

Dale S. Fischer

Court

CD CA


Attorneys

Plaintiff

Eric S. Rossman
(Rossman Law Group)

John P. Kristensen
(Carpenter & Zuckerman)

Jesenia A. Martinez
(Wilshire Law Firm PLC)


Defendant

Douglas C. Smith
(Smith Law Offices LLP)


Facts

Plaintiffs alleged that the County of San Bernardino knowingly kept a foster child victim of sexual abuse in the same home as another foster youth with a documented history of sexually predatory behavior, and violated the child's civil rights in failing to report or remove the foster child from ongoing sexual abuse that ensued.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that the County of San Bernardino not only kept the child in harm's way by keeping him in close proximity to a foster youth with documented sexual misconduct, but also failed to oversee, investigate, report and remove the child from the home, as directed by Federal and California law, despite continued sexual abuse.

DEFENDANT'S CONTENTIONS: Defendants denied all contentions.

Result

$7.5 million settlement.


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