Slaven v. Engstrom

848 F.Supp.2d 994

Shawn SLAVEN and Julie Slaven, individually and as parents and next friends for C.S., A.S., and J.S., Plaintiffs,

v.Dan ENGSTROM, Human Services and Public Health Department for Hennepin County, in his official capacity as the Director or his successor; Hennepin County, a governmental entity within the State of Minnesota; Donothan R. Bartley, in his official capacity as a social worker for the Hennepin County Human Services and Public Health Department or his successor; and Jamie L. Cork, in her official capacity as an Assistant County Attorney for Hennepin County or her successor, Defendants.

Civil No. 11–1632 ADM/JJK.

United States District Court, D. Minnesota.

Jan. 30, 2012.

Erick G. Kaardal, Esq., and William F. Mohrman, Esq., Mohrman & Kaardal, P.A., Minneapolis, MN, on behalf of Plaintiffs.

Daniel P. Rogan, Esq., and Daniel D. Kaczor, Esq., Hennepin County Attorney's Office, Minneapolis, MN, on behalf of Defendants.

MEMORANDUM OPINION AND ORDER

ANN D. MONTGOMERY, District Judge.

I. INTRODUCTION

On December 16, 2011, the undersigned United States District Judge heard oral arguments on Plaintiffs Shawn Slaven and Julie Slaven's (the “Slavens”) Motion for Summary Judgment [Docket No. 13] and Defendants Hennepin County, Dan Engstrom (“Engstrom”), Donothan R. Bartley (“Bartley”), and Jamie L. Cork's (“Cork”) Motion for Summary Judgment [Docket No. 24]. For the reasons set forth below, Defendants' (Engstrom, Hennepin County, Bartley, and Cork are collectively “Defendants”) motion is granted, and the Slavens' motion is denied.

II. BACKGROUND¹

The Slavens are the parents of minor children C.S., A.S., and J.S., and reside in Plymouth, Minnesota. Compl. [Docket No. 1] ¶¶ 68. On August 18, 2009, Julie Slaven was carrying C.S., then two-months old, in his car seat up the steps to the family home when C.S. accidentally fell out of the seat and hit the ground. Oct. 5, 2011 Decl. of Julie Slaven (“Julie Slaven Decl.”) [Docket No. 17] ¶ 6. Julie Slaven called 911 and although C.S. did not have any external injuries, he was taken to the hospital as a precautionary measure. Id. ¶¶ 79. In addition to the ambulance personnel, police also arrived on the scene, called Shawn Slaven, and stayed with the other children until Shawn Slaven arrived. Id. ¶¶ 89.

At North Memorial Hospital in Robbinsdale, Minnesota, C.S. underwent a computed tomography scan (“CT scan”) of his head, was kept overnight for observation, and had a second CT scan the following morning. See Oct. 5, 2011 Decl. of Shawn Slaven (“Shawn Slaven Decl.”) [Docket No. 18] ¶¶ 78. The CT scans revealed chronic blood in C.S.'s bilateral frontal lobes, an injury not consistent with a fall from the car seat. Nov. 1, 2011 Decl. of Donothan R. Bartley (“Bartley Decl.”) [Docket No. 28] Ex. F at HC–SLA00102.

Based on that finding, on August 20, 2009, North Memorial Hospital filed a report of suspected child abuse with Hennepin County. Id. Ex. A. That same day, C.S., still in the hospital, underwent a retinal scan. Id. Ex. C at HC–SLA00130. Also on August 20, 2009, Dr. Mark Hudson, a Board–Certified Child Abuse Pediatrician, was contacted to examine C.S. and review the CT scans and retinal scan. Nov. 1, 2011 Decl. of Dr. Mark Hudson (“Hudson Decl.”) [Docket No. 30] ¶ 4. Dr. Hudson's report noted that the results of the diagnostic scans were unusual and concerning. Hudson Decl. Ex. A at HC–SLA00090. In concluding his report, Dr. Hudson stated, “Based on the medical findings there is reason to be quite concerned that the history does not account for the medical findings and [C.S.'s] ongoing safety must be a consideration. All of that being said there is no single finding here diagnostic of non-accidental injury.” Id.

Based on the report of suspected child abuse, Defendant Bartley, a social worker with Hennepin County, then opened a child protection investigation. Bartley Decl. Ex. L HC–SLA00112. Bartley and Detective Molly Lynch (“Lynch”) of the Plymouth Police Department interviewed the Slavens. Bartley Decl. ¶ 10. Dr. Hudson was also interviewed and he informed them that a retinal hemorrhage, found in C.S., may be caused by shaking, and further stated that the Slavens had not consented to a bone scan for fear of excessive radiation. Bartley Decl. Ex. C at HC–SLA00134. Julie Slaven avers Lynch used high-pressure tactics to induce her to consent to a bone scan, telling her failure to consent would result in a middle-of-the-night raid of her home and seizure of her children. Slaven Decl. ¶ 17.

On the afternoon of August 20, 2009, based on the lack of a bone scan and the findings of Dr. Hudson, Lynch placed C.S. on an emergency “72–Hour Police Health and Welfare Hold.” Bartley Decl. Ex. I. Under the express terms of the hold, the Slavens were prohibited from seeing C.S. except for feeding times with supervision. Id.

The next day, August 21, 2009, Bartley and Lynch continued their investigation. They interviewed the Slavens' other children, without anyone else present, in the home of the children's maternal grandparents Marjorie and Stanley Leuthner (the “Leuthners”), with whom the children were staying while their parents were with C.S. at the hospital. Bartley Decl. Ex. C at HC–SLA00137 38. Also that day, C.S. underwent a bone scan, to which the Slavens had eventually consented. Julie Slaven Decl. ¶ 18. That afternoon, Bartley handed Julie Slaven a handwritten note that stated “Tuesday, August 22, 2009 Juvenile Justice Center ... Stop by front desk if you want to apply for a PD (public defender).” Julie Slaven Decl. Ex. 1. August 22, 2009 was actually a Saturday, and a Emergency Protective Custody Hearing (“EPC Hearing”) was scheduled for Tuesday, August 25, 2009 at the Juvenile Justice Center.

Under Minnesota law, when a peace officer takes custody of a child, as Lynch did with the “72–Hour Police Health and Welfare Hold,” a hearing must be held within seventy-two hours, excluding weekends and holidays, to determine whether the child should remain in protective custody. Minn.Stat. § 260C.178, subd. 1(a). Additionally, a child cannot remain in custody unless a petition for a child in need of protection or services has been filed or a temporary extension is granted after a hearing finding domestic abuse perpetrated by a minor. Minn.Stat. § 260C.176, subd. 2(b). The substance of an EPC Hearing is to determine whether the petition filed states a prima facie case that (1) a child protection matter exists and (2) release of the child to his or her parent would result in immediate endangerment of the child. Minn. R. Juvenile Protection P. 30.08, subd. 1.

On August 25, 2009, the Slavens personally appeared represented by counsel at the EPC Hearing. Nov. 2, 2011 Decl. of Jamie L. Cork [Docket No. 29] (“Cork Decl.”) Ex. B (“EPC Hearing Tr.”) at HC–SLA00336. Defendant Cork, an assistant county attorney, appeared along with Defendant Bartley, who was the investigating social worker, and Sarah Storm (“Storm”), who had been assigned as the ongoing social worker for the case. Id. at HC–SLA00337. A guardian ad litem for the children also appeared. Id. The proceedings were held before Judge Kathryn Quaintance. Id. at HCSLA00336. At the EPC Hearing, the Slavens were served for the first time with a summons and petition. Julie Slaven Decl. ¶ 24. In addition to naming C.S., the Slavens' other children, A.S. and J.S., were also subjects of the petition. Cork Decl. Ex. A (“Petition”) ¶ 1. The Petition recited the facts discussed above, including the Slavens' account of the events and Dr. Hudson's report that “there is not a single finding here diagnostic of non-accidental injury.” See generally Petition. However, the Petition omitted the fact that the Slavens had allowed a bone scan after initially refusing instead, it stated “Mr. and Mrs. Slaven would not agree to a Skeletal Survey.” Petition ¶ 6.

At the EPC Hearing, Cork requested that all three children be placed out of their home with their maternal grandparents, the Leuthners. EPC Hearing Tr. at HC–SLA00338 40. Judge Quaintance provided the Slavens with an opportunity to make an opposing case, but they did not call any witnesses or present any other evidence. A reference was made to an in camera discussion about the futility of challenging the veracity of the Petition. See id. at HC–SLA00347 (“I know we discussed this at length in chambers and the Court was very clear that you didn't want us to be trying the facts in front of you here today.”). Therefore, the Slavens confined their argument to asserting the Petition itself was intrinsically inconsistent and did not support a prima facie finding of a child in need of protection or services. Id. at HC–SLA00347 49. They also urged an alternative placement arrangement for the children suggesting the Leuthners move into the Slavens' home, Julie Slaven move out (but Shawn Slaven would remain), and the Leuthners supervise visitation. Id. at HC–SLA00349 52.

Judge Quaintance ruled that a prima facie case existed and that the health, safety, and welfare of the children would be in imminent harm and danger if they returned to the care of Julie Slaven. Id. at HC–SLA00354. Judge Quaintance adopted the Slavens' proposed placement, and ordered the children to remain in their home under the care of the Leuthners with Julie Slaven to reside out of the home, and for the Slavens' visitation to be supervised by the Leuthners. Id. at HC–SLA00353 54.

The hearing then turned to discussion of future proceedings. Judge Quaintance proposed a pre-trial hearing date of September 17, 2009, but due to the Slavens' and their attorney's schedules the date of September 21, 2009 was selected. Id. at HC–SLA00357 58. A trial date was set for Judge Quaintance's “trial block” that allotted her days for trial beginning on October 26, 2009 and ending October 29, 2009. Id. at HC–SLA00359. October 26, 2009, was sixty-two days after the EPC Hearing. The Minnesota Rules of Juvenile Protection...