Stanley v. Finnegan

447 F.Supp.3d 771

Hal W. STANLEY and Michelle Stanley, each individually and on behalf of B.S., J.S., G.S., P.S., C.S., and V.S., as parents and legal guardians, Plaintiffs

v.Katherine FINNEGAN, in her Individual Capacity; Garland County; Mike McCormick, in his Official Capacity; Mike Wright, Individually and in his Official Capacity; Jason Lawrence, Individually and in his Official Capacity; Terry Threadgill, Individually and in his Official Capacity, Defendants

NO. 6:17-CV-06008

United States District Court, W.D. Arkansas, Hot Springs Division.

Signed March 20, 2020

Joseph E. Churchwell, Churchwell Law Offices, Inc., Hot Springs, AR, for Plaintiffs.

Jennifer L. Merritt, Arkansas Attorney General Office, Little Rock, AR, Ralph C. Ohm, Attorney at Law, C. Burt Newell, Hot Springs, AR, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT T. DAWSON, SENIOR U.S. DISTRICT JUDGE

I. INTRODUCTION

On January 12, 2015, the seven minor children of Hal and Michelle Stanley were removed from their home by law enforcement officials due to allegations of child abuse. The primary allegation related to the involvement of a chemical substance known as Miracle Mineral Supplement ("MMS").¹ MMS contains twenty-eight percent sodium chlorite and is similar to bleach. Two non-family complainants and an older child (who was no longer a minor) reported Hal had exposed the children to MMS by encouraging the children to consume it and by diffusing the chemical throughout the home's ventilation system. During the execution of a search warrant at the Stanley's home, the two oldest minor children confirmed the allegations of MMS exposure. Consequently, Sergeant Michael Wright placed the seven children in DHS custody under a seventy-two-hour protective hold. The children remained in DHS custody for nearly five months under a variety of family court orders. Hal and Michelle regained full custody by June 2015.

The Stanleys filed this lawsuit on January 13, 2017, alleging their constitutional rights were violated when the children were removed from Hal and Michelle's custody. Pending before the Court are three motions for summary judgment filed on September 12, 2019. The motions were filed by: Defendant Katherine Finnegan, in her individual capacity (ECF No. 89); Defendants Garland County, Mike McCormick, in his official capacity as Sheriff for the Garland County Sheriff's Department ("GCSD"), Mike Wright, individually and in his official capacity as sergeant for GCSD, Jason Lawrence, individually and in his official capacity as chief deputy for GCSD, and Terry Threadgill, individually and in his official capacity as corporal for GCSD (ECF No. 92); and Hal and Michelle Stanley, individually and on behalf of six of the minor children. (ECF No. 95). These matters are now ready for consideration.

The task of this Court is not to determine the ultimate question of whether child abuse actually occurred. This case is essentially a question of whether—based on the undisputed material facts in the record—it was objectively reasonable for law enforcement officials to remove the Stanley children from the custody of their parents on the night of January 12, 2015. This inquiry is sensitive and requires the Court to carefully examine competing interests in two delicate subjects: Hal and Michelle Stanley's fundamental liberty interests in keeping their family together, and the State's compelling interest in preventing child abuse. Upon review of the motions, responses, replies, the arguments and supporting documents contained therein, and all other related filings, the Court finds there was a reasonable suspicion of child abuse on the night the children were removed. The Defendants are thereby entitled to the protections of qualified immunity.

Accordingly, the motions for summary judgment filed by the Defendants (ECF Nos. 89 & 92) are GRANTED. The cross motion filed by the Stanleys (ECF No. 95) is DENIED.

II. BACKGROUND

A. The Stanleys

Life in the Stanley family centered around the home. During the relevant time period, the Stanley home consisted of Hal, Michelle, and their seven minor children. The Stanleys call themselves devoutly religious, and they have resided on the same property for approximately twenty years. Hal grows much of the family's food in a home garden and claims to generate his income through conducting an internet-based ministry. Michelle is responsible for raising, feeding, and educating their children. Michelle educates the children in a home-schooled environment. The Stanleys acknowledge that during the events at issue, tensions had developed with their son, J.S., in part, because of his desire to attend public schools.

B. Miracle Mineral Supplement ("MMS")

MMS is a bleach-like, liquid chemical. MMS is composed of twenty-eight percent sodium chlorite. Since 2010, federal agencies have warned consumers about the dangers of ingesting MMS.² Complications resulting from consumption can include nausea, severe vomiting, diarrhea, and symptoms of severe dehydration and acute liver failure.³ Despite these risks, distributors and advocates advertise MMS as providing health restoration benefits.⁴ It is apparent that MMS is promoted as a medicine to help cure various diseases and conditions, ranging from cancer, HIV/AIDS, malaria, autism, the common cold, arthritis, high cholesterol, and acid reflux.⁵ In the present case, the Stanleys insist that Hal used "MMS as a natural remedy to promote his own health" and to balance the pH in the family's aquaponics system. (ECF No. 105-3, Michelle Stanley Aff., at 17, Oct. 21, 2019). Hal and Michelle deny that they forced their children to drink MMS.

C. Initial Allegations

On January 9, 2015, two complainants reported allegations of abuse and neglect within the Stanley home. (ECF No. 89-1, Wright Aff., at 1-2, Jan. 15, 2015).⁶ The complainants identified themselves as neighbors and friends of the Stanley family. They provided their allegations in-person to Sergeant Michael Wright and Corporal Russell Rhodes, an Arkansas State Police Investigator. The complainants claimed that Hal tried to force the children to drink MMS. They asserted that when the children refused, Hal heated and diffused MMS throughout the home's ventilation system. The complainants further claimed the children were suffering from nausea and severe headaches as a result of MMS exposure. They also claimed that Hal kept a container of MMS within the family's refrigerator. Furthermore, the complainants reported allegations of excessive corporal punishment, medical neglect, inadequate nutrition, and educational neglect.

D. Interview with C.S.

Wright and Rhodes also interviewed C.S. on January 9th, shortly after they spoke with the original complainants. (ECF No. 89-1, Wright Aff., at 2-3, Jan. 15, 2015). C.S., the adult son of Hal and Michelle, moved out of the Stanley home in December 2014. C.S. confirmed that Hal "experimented" with MMS. He denied that Hal forced the children to drink MMS, but he asserted that his father had encouraged the children to drink it. C.S. also confirmed Hal had diffused MMS throughout the home's ventilation system. C.S. believed, however, that Hal had stopped this activity. C.S. further claimed that Hal's physical discipline was excessive. C.S. feared that Hal would unintentionally hurt one of the children while he was on a "chemical kick."

E. MMS Bottle and Handwritten Notes

Three days later, on January 12, 2015, the two original complainants gave Sergeant Wright a small plastic bottle containing MMS. (ECF No. 89-1, Wright Aff., at 4-5, Jan. 15, 2015). The complainants stated one of the children took the bottle out of the home during the previous weekend. Wright stated the bottle "emitted a strong smell" and "seemed like bleach." The complainants also provided Wright with handwritten notes apparently written by two of the children. According to Sergeant Wright, the notes reiterated the complainants' original allegations. The notes discussed the children's exposure to MMS, physical abuse within the home, insufficient medical attention, inadequate education, inadequate nutrition, and excessive corporal punishment.

F. Obtaining a Search Warrant

Later on January 12th, Wright conducted a meeting with various law enforcement and investigative officials. The participants included representatives from the local prosecutor's office, the Arkansas State Police, and the Garland County Sheriff's Department. Defendant Katherine Finnegan, an Arkansas State Police Investigator, also participated in the meeting. The meeting resulted in Wright's decision to seek a warrant to conduct a search within the Stanley's home. Wright submitted an affidavit in support of his request. The affidavit emphasized the children's potential and possible exposure to MMS. The Honorable Lynn Williams, Garland County Circuit Judge, immediately approved Wright's request. The warrant authorized Wright and his team to search the Stanley home for MMS on the basis that it could endanger the welfare of the children.

G. Investigations at the Stanley Home

Sergeant Wright and other law enforcement officers arrived at the Stanley residence around 4:47 PM on January 12, 2015. Finnegan arrived around the same time. Wright was in charge of the criminal investigation, and Finnegan oversaw the child maltreatment investigation. Search participants included officers from the Garland County Sheriff's Department, the Garland County Drug Task Force, and the Arkansas State Police. An ambulance and a physician were onsite throughout the search. Officials from DHS's Child and Family Services Division were also present. In total, approximately thirty law enforcement and investigative officials were present during the search.

1. Finnegan's Interviews with J.S. and V.S.

Finnegan interviewed J.S. and V.S. during the earlier stages of the search. J.S. and V.S. were the Stanley's two oldest minor children at this time. J.S. was sixteen years old, and V.S. was fourteen. Sergeant Wright was present...