Slaven v. Engstrom

710 F.3d 772

Shawn SLAVEN and Julie Slaven, individually and as parents and next friend s for C.S., A.S., and J.S., Plaintiffs–Appellants

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; Jamie L. Cork, in her official capacity as an Assistant County Attorney for Hennepin County or her successor, Defendants–Appellees.

No. 12–1457.

United States Court of Appeals, Eighth Circuit.

Submitted: Oct. 17, 2012.

Filed: March 22, 2013.

Erick G. Kaardal, argued, Minneapolis, MN, for Appellant.

Daniel Patrick Rogan, argued, Minneapolis, MN, for Appellee.

Before LOKEN, SMITH, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

Shawn and Julie Slaven, individually and as parents and next friends for C.S., A.S., and J.S., (collectively, “the Slavens”) brought suit against Hennepin County, a governmental entity within the State of Minnesota, and three of its employees ¹ in their official capacities (collectively, “Hennepin County”) under 42 U.S.C. § 1983 for violations of their procedural due process rights stemming from their child-protection case. Count I of the complaint alleged that Hennepin County violated the Slavens' procedural due process rights by failing to provide adequate notice of an emergency protective custody (EPC) hearing and failing to provide a meaningful hearing. Count II of the complaint alleged that Hennepin County violated the Slavens' procedural due process rights because the 62–day delay between the EPC hearing and the scheduled trial was unconstitutionally long, therefore depriving them of “an opportunity to be heard at a meaningful time or in a meaningful manner.” (Quotation marks in original.) The district court ² granted summary judgment to Hennepin County, concluding that Hennepin County was not liable under § 1983 for implementing or enforcing Minnesota law when Hennepin County was required to do so. See Slaven v. Engstrom, 848 F.Supp.2d 994, 1004 (D.Minn.2012). We affirm.

I. Background

The Slavens reside in Plymouth, Minnesota, and are parents of minor children C.S., A.S., and J.S. On August 18, 2009, Julie Slaven carried two-month-old C.S. in his car seat up the steps to their home. Unfortunately, C.S. accidentally fell out of the car seat and hit his head on the ground. Julie Slaven called 911, and police and emergency responders came to the home. Although C.S. had no external injuries, he was transported via ambulance to the hospital as a precaution. The police called Shawn Slaven and provided care for the other children until he arrived.

At the hospital, medical staff performed a computed tomography scan (“CT scan”) of C.S.'s head. He was kept overnight at the hospital for observation. The following morning, he underwent a second CT scan. The CT scans showed chronic blood in C.S.'s bilateral frontal lobes. Based on the test results, hospital staff filed a report of suspected child abuse with Hennepin County on August 20, 2009, stating that the CT scan findings were inconsistent with a fall from a car seat. On the same date, C.S. had a retinal scan. Also on that date, the hospital asked Dr. Mark Hudson, a Board–Certified Child Abuse Pediatrician, to examine C.S. Dr. Hudson examined C.S. and reviewed his CT and retinal scans. According to Dr. Hudson's report, the test results raised concern. Dr. Hudson opined, “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.” Slaven, 848 F.Supp.2d at 998 (quotation, alteration, and citation omitted).

Donothan R. Bartley, a Hennepin County social worker, opened a child-protection investigation based on the report of suspected child abuse. Bartley, along with Detective Molly Lynch of the Plymouth Police Department, interviewed the Slavens. Bartley and Detective Lynch also interviewed Dr. Hudson, who informed them that a retinal hemorrhage, like the one found in C.S., may result from shaking. He also informed them that the Slavens declined consent to perform a bone scan due to fear of excessive radiation. Julie Slaven claims that Detective Lynch used high-pressure tactics on the Slavens, telling them that she would arrange to have all of their children taken from them and placed in a foster home with a middle-of-the-night raid of their home if they did not consent to a bone scan.

Based on Dr. Hudson's findings and the lack of a bone scan, Detective Lynch placed C.S. on an emergency “72–Hour Police Health and Welfare Hold” on the afternoon of August 20, 2009. The hold prohibited the Slavens from seeing C.S., except for feeding times with supervision.

On August 21, 2009, Bartley and Detective Lynch interviewed the Slavens' other children in the home of their maternal grandparents, Marjorie and Stanley Leuthner (“the Leuthners”). Aside from Bartley and Detective Lynch, no one else was present with the children during the interview. That same day, C.S. had a bone scan after the Slavens consented. In the afternoon, Bartley gave Julie Slaven a handwritten note stating, “Tuesday, August 22, 2009 Juvenile Justice Center ... Stop by front desk if you want to apply for a PD (public defender).” Id. at 999 (alteration in original) (quotation and citation omitted). In actuality, August 22, 2009, was a Saturday, and the EPC hearing was set for Tuesday, August 25, 2009.

Minnesota law provides that a peace officer may take a child into immediate custody “when [the] child is found in surroundings or conditions which endanger the child's health or welfare or which such peace officer reasonably believes will endanger the child's health or welfare.” Minn.Stat. Ann. § 260C.175, subd. 1(2)(ii). If a peace officer takes a child into custody, then “the court shall hold a hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, Sundays, and holidays, to determine whether the child should continue in custody.” Id. § 260C.178, subd. 1(a). Additionally,

[n]o child taken into custody ... by a peace officer ... may be held in custody longer than 72 hours, excluding Saturdays, Sundays and holidays, unless a petition has been filed and the judge ... determines ... that the child shall remain in custody or unless the court has made a finding of domestic abuse perpetrated by a minor after a hearing ..., in which case the court may extend the period of detention for an additional seven days....

Id. § 260C.176, subd. 2(b). At the EPC hearing, “[t]he court shall dismiss the petition if it finds that the petition fails to establish a prima facie showing that a juvenile protection matter exists and that the child is the subject of that matter.”

Minn. R. Juv. Prot. P. 30.08, subd. 1(a). But if the court concludes “that the petition establishes a prima facie showing that a juvenile protection matter exists and that the child is the subject of that matter,” then it must further decide

whether the petition also makes a prima facie showing that:

(i) the child or others would be immediately endangered by the child's actions if the child were released to the care of the parent or legal custodian; or

(ii) the child's health, safety, or welfare would be immediately endangered if the child were released to the care of the parent or legal custodian.

Id., subd. 1(b)(1)(i)–(ii). If the court makes an endangerment determination, then it must “continue protective care or release the child to the child's parent or legal custodian and impose conditions to ensure the safety of the child or others.” Id., subd. 1(b)(2).

On August 25, 2009, the Slavens appeared with counsel, Eric Olson, at the EPC hearing. Jamie L. Cork, Hennepin County Assistant Attorney; Bartley; and Sarah Storm, the assigned social worker for the case, appeared on Hennepin County's behalf. A guardian ad litem for the children also appeared. Judge Kathryn L. Quaintance, Minnesota Fourth Judicial District Judge for Hennepin County, conducted the EPC hearing. At the hearing, the Slavens received a summons and petition. The petition, which Hennepin County filed on August 25, 2009, named not only C.S. but also A.S. and J.S. as subjects of the petition. The petition relayed the Slavens' account of events and Dr. Hudson's statement that “there is not a single finding here diagnostic of non-accidental injury.” Slaven, 848 F.Supp.2d at 999 (quotation and citation omitted). But the petition erroneously stated that “Mr. and Mrs. Slaven would not agree to a Skeletal Survey” when, in fact, the Slavens ultimately permitted the bone scan after initially withholding consent. Id. at 999–1000 (quotation and citation omitted). Both Cork and Bartley had signed the petition.

At the hearing, Cork “ask[ed] the Court to find that there is a prima facie showing that a child protection matter exists within the four corners of the petition, and that all three children listed are the subjects of that matter.” She also requested that the court “find ... that ... if the children were in the care and custody of Mr. and Mrs. Slaven, that their health, safety, and welfare would be in immediate danger.” Cork also explained that, although the police department placed a 72–hour hold on J.S., “the two oldest children,” A.S. and J.S., had been staying with the Leuthners on a voluntary basis. Cork presented the court with “an Emergency Protective Care Findings and Order” to keep “those children ... out of the care and custody of the Slavens.” Judge Quaintance then asked Olson for his views on the children's placement. Olson referenced “an in camera discussion about the futility of challenging the veracity of the [p]e...