Taylor v. Evans

72 F.Supp.2d 298

Faye TAYLOR, individually and on behalf of Tamika Taylor, an infant, and Artnell Taylor, Plaintiffs v. Kenneth EVANS, individually and as caseworker, Child Welfare Administration, Ramona Pinckney, individually and as caseworker, Child Welfare Administration, Barbara Sabol, individually and as Commissioner of Social Services of the City of New York, Robert Little, individually and as Deputy Commissioner of Social Services of the City of New York, and the City of New York, Defendants.

No. 94 CIV. 8425(CSH).

United States District Court, S.D. New York.

October 25, 1999.

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Lanser & Kubitschek, New York, NY, for Plaintiffs. Of Counsel: Carolyn A. Kubitschek, Hayley Gorenberg, Susanne Cichanowicz, Law Student Intern, Carolyn Morehouse, Law Student Intern, Beth A. Orenstein, Law Student Intern, Erika Wood, Law Student Intern.

Paul A. Crotty, Corporation Counsel of the City of New York, New York, NY, for Defendants. Of Counsel: Elisa Baldwin.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge.

Plaintiff Faye Taylor ("Taylor") brings this civil rights action individually and on behalf of her children Tamika Taylor and Artnell Taylor ("Tamika" and "Artnell") pursuant to 42 U.S.C. § 1983 and New York State law. The gravamen of plaintiffs' complaint is the allegedly unlawful and unconstitutional removals of Tamika and Artnell from their mother's custody on July 28, 1990 and August 3, 1990; the alleged strip search of Tamika on July 28, 1990; and the prosecution and imprisonment of Taylor on charges of assault and endangering the welfare of a child in 1991 and 1992. Plaintiffs name as defendants the City of New York and, in their individual and official capacities: Kenneth Evans and Ramona Pinckney, Child Welfare Administration ("CWA") caseworkers, Barbara Sabol, then Commissioner of the Department of Social Services (DSS), and Robert Little, then Director of CWA.¹

With discovery complete, defendants move for summary judgment pursuant to Rule 56, Fed.R.Civ.P., on the ground that they did not violate any of plaintiffs' constitutional rights. In the alternative, defendants move for summary judgment in their individual capacities on the basis of immunity. For the reasons that follow, defendants' motion is granted in its entirety.

FACTS

This lawsuit arises from the placement of an infant named Gary Maund ("Gary") in Taylor's home and the events following Gary's removal in July 1990. Gary was born in April 1989 with severe and multiple handicaps, including arthrogryposis multiplex congenita, HIV, Down's syndrome, asthma, talipses equinovarus, rhizomelic short-limbed dwarfism, otitis, dysmorphic features, polycythemia, drug withdrawal, and inability to speak. Gary immediately was placed in the custody of the Department of Social Services, where he remained until his death in 1993. As a result of his multiple handicaps, Gary required regular treatment and observation from physicians throughout his tragically short life.

In April 1990, Foundling Hospital placed Gary in Taylor's foster care. On July 26, 1990, Foundling Hospital, believing that Gary's health was too complicated for a foster parent to handle alone, removed Gary from Taylor's home and returned him to Incarnation Children's Center, where he had resided prior to his placement with Taylor.² Total body x-rays taken on the following day indicated that Gary had sustained multiple fractures that were in various stages of healing. Dr. Sara Abramson, a pediatric radiologist who examined the x-rays, reported that the fractures were indicative of child abuse. Foundling Hospital proceeded to file a "Report of Suspected Child Abuse or Maltreatment" in the New York Central Registry pursuant to New York Social Services Law § 413.

The report prompted the CWA's concern that Taylor's two natural children, Tamika and Artnell, also might be at risk in Taylor's custody. Tamika and Artnell had resided with their mother since their births on June 27, 1987 and May 19, 1976 respectively. On July 28, 1990, the CWA assigned defendant Evans, a CWA caseworker, to investigate whether Taylor's children were at risk of harm.

Evans repaired first to the Incarnation Children's Center, where he spoke with a nurse about Gary's condition and spent an hour with Gary. In his deposition, Evans stated that he observed that Gary had swelling in both arms, lacerations on his head and throat area, scratches and abrasions on his back and legs, a bruise on one shoulder, a mark on his groin, and what appeared to be a fingernail scratch on his cheek. Evans Dep. at 111-12. By contrast, social worker Dana Carney testified in Family Court that Gary "appeared normal in every way," without any "fresh marks" when he returned to the Incarnation Children's Center. Plaintiffs' Exh. P at 29.

After visiting the Incarnation Children's Center, Evans spent approximately two hours at the Taylor home. He observed that the home was neat and adequately furnished, and that the children appeared to be clean, well behaved, and in good health. Evans questioned Taylor about how Gary received his injuries and concluded that Taylor's explanations were "inconsistent" with Gary's injuries. Evans also interviewed Artnell. According to defendants, Evans "visually observed Tamika's extremities for evidence of physical abuse." Defendants' R. 56.1 Statement at ¶ 7. By contrast, plaintiffs allege that Evans interrogated Tamika, and then "pulled up the oversized T-shirt Tamika was wearing and exposed her back," and "pulled down Tamika's underpants and exposed her buttocks." Taylor Aff. at ¶¶ 7, 8. On the basis of Gary's serious and unexplained injuries, Evans decided it was necessary to remove Tamika and Artnell from their mother's home to protect them from an imminent risk of harm.

Evans informed Taylor that he intended to place the two children in foster care in the custody of the DSS. Taylor requested that the two children be allowed to stay with her mother, Joyce Taylor. After verifying with the CWA that Joyce Taylor had no record of child abuse or neglect, Evans agreed to temporarily place the children with her. Evans informed Taylor that she could go to court to attempt to regain custody of her children.

On July 30, 1990, Taylor filed a petition under Family Court Act § 1028 seeking a court order returning the children to her custody. On August 1, 1990, Judge Zuckerman of the New York County Family Court ordered that the children be returned to Taylor's custody and that the CWA conduct a full child protective investigation on behalf of the two children within forty-eight hours. Pursuant to the court's order, defendant Pinckney, another CWA caseworker, conducted an investigation and submitted a report to the court. In it, she concluded that "[b]ased upon the seriousness of the foster child(s) injuries with no plausible explanation," the other children under Taylor's care "are also at risk based on a derivative effect." Plaintiffs' Exh. Q. Pinckney also indicated in her report that Taylor "is not complying with CWA investigation to have her children x Ray [sic]." Id. Plaintiffs contend that this was a deliberate falsehood. In support of this contention, they cite an anonymous case report indicating that the doctor who examined the children "didn't feel x-ray [sic] were necessary." Plaintiffs' Exh. F.

On August 3, 1990, Judge Gage of the New York County Family Court held a hearing and issued a preliminary order removing the two children from their mother's custody after concluding that removal was necessary to avoid imminent risk to their lives or health. The children were again temporarily placed in their grandmother's home. After a hearing on April 26, 1991, Judge Gage dismissed the CWA petitions on behalf of the two children.

In August 1990, the New York City Police Department Detective James Flaherty had begun to investigate allegations that Taylor had abused Gary, based upon the hospital report. At no time did Flaherty speak with anyone from CWA. Flaherty Dep. at 26. Taylor subsequently was indicted on nine counts of assault and one count of endangering the welfare of a child. On November 18, 1991, a jury convicted Taylor of endangering the welfare of a child and two counts of assault, but acquitted her of all other charges. The prosecutor in that case has testified that the District Attorney's Office was not urged or influenced by anyone from CWA to prosecute Taylor. Riccardi Dep. at 71. Taylor was incarcerated from November 18, 1991 until March 12, 1992, when a state appellate court ordered her release.

On May 11, 1993, the Appellate Division reversed Faye Taylor's conviction and remanded the matter for a new trial. The basis for the Appellate Division's decision was that the trial court had improperly responded to notes submitted by the jury during its deliberations without first showing them to Taylor's counsel. The Appellate Division noted in its opinion, however, that the "evidence was legally sufficient to establish the defendant's guilt, and the verdict was not against the weight of the evidence." People v. Taylor, 192 A.D.2d 35, 36, 597 N.Y.S.2d 347, 348 (1st Dep't), app. denied, 82 N.Y.2d 708, 601 N.Y.S.2d 605, 619 N.E.2d 683 (1993). On November 18, 1993, the criminal proceedings against Taylor were terminated when the District Attorney decided not to pursue the case and it accordingly was dismissed by the court.

Plaintiffs' current action stems from their belief that "defendants attempted to cover up their own misdeeds by blaming the foster mother for [Gary's] injuries." Plaintiffs' Br. at 1. Taylor alleges that Foundling Hospital failed to properly train her to care for Gary given his special needs. According to Taylor, the only training she received took place on the day that Gary was placed in her home.

Specifically, plaintiffs contend that it was precisely the type of physical therapy that Taylor had been instructed to give by...