Gregory Murray v. County of Contra Costa; Sandra Andrade, individually and in her official capacity as social worker for the County of Contra Costa; and Lori Castillo, individually and in her official capacity as social worker for the County of Contra Costa
Published: Oct. 6, 2012 | Result Date: Mar. 27, 2012 | Filing Date: Jan. 1, 1900 |Case number: 3:08-cv-01539-TEH Verdict – Defense
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Janet L. Holmes
(Office of the Monterey County Counsel)
Facts
Gregory Murray's child was involved in juvenile dependency court proceedings and was placed in foster care. Murray filed suit against Sandra Andrade, a social worker for Contra Costa County, the previous social worker on the case, Lori Castillo, and Contra Costa County, alleging civil rights violations under 42 U.S.C. Section 1983. Following the dismissal of the other defendants from the case, only defendant Andrade remained.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Andrade did not provide him with proper notice as to the proceedings, which allegedly caused the child to be placed in foster case for a year. Plaintiff alleged that although he gave his contact information to the social workers, they never gave him any notice.
DEFENDANT'S CONTENTIONS:
Andrade contended that she did provide notice to Murray by telephone after she obtained a valid phone number for him, and by mail after he provided an address in Florida, where he had moved prior to the baby's birth. Further, Andrade claimed that Murray talked to social workers approximately six times prior to the proceedings. Last, she asserted that telephonic notice was sufficient, and written notice was unnecessary.
Injuries
Plaintiff claimed emotional distress.
Result
The jury's verdict favored Andrade.
Other Information
Murray filed a motion for new trial, which was denied, and filed a Notice of Appeal to the Ninth Circuit.
Deliberation
3.5 hours
Length
six days
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