Sean Laney, et al. v. County of Sacramento Department of Health and Human Services, Deanna Johnson
Published: Oct. 24, 2009 | Result Date: Apr. 28, 2009 | Filing Date: Jan. 1, 1900 |Case number: 07CV02474(MCE) Settlement – $145,000
Facts
Sean Laney and Heather Iodaci are the parents of Connor Iodaci-Laney. Laney is also the father of Liam and Malachai Laney. On May 21, 2007, Liam's therapist made a referral to the Sacramento County social services claiming that Liam had been abused by Iodaci on numerous occasions, including a recent hit to the leg with a broom handle.
The referral was classified as a 10-day response. Defendant Deanna Johnson attempted unsuccessfully to make a home visit on May 30, when no one was home, and June 4, when Iodaci told her that Laney probably wouldn't allow her to speak with the children. On June 5, 2007, Johnson returned to the home and interviewed the three boys, without Laney's consent, outside of the home. Liam went inside and told Iodaci that Johnson was questioning them. Iodaci then told Johnson that she needed Laney's consent to question the boys and a warrant to enter the home. On June 25, 2007, Johnson returned with defendant Officer Matthew Curtis. Laney told Curtis that he needed a warrant, but Curtis insisted that he did not and demanded he be allowed to enter to conduct a "welfare check". Laney acquiesced. A second officer, defendant Sgt. Robert Renelli arrived shortly after and also entered the home. Johnson asked Iodaci to strip Connor so that she could inspect him. After an initial refusal followed by further demands, Iodaci complied. The family filed suit on Nov. 15, 2007.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that there was no probable cause to enter the home and no reason to believe the children were in danger. Furthermore, the officers failed to obtain a warrant for which there was plenty of time. Instead, they entered the home unlawfully and strip-searched a minor.
Injuries
Plaintiffs claimed emotional distress.
Result
The parties reached a settlement for $145,000, whereby Heather Iodaci and Sean Laney received $95,000, and Connor Iodaci-Laney, Liam Laney, and Malachai Laney received $45,000 in equal shares. $5,000 in costs was also provided.
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