Cox v. Washington

Plaintiffs filed suit against social workers under 42 U.S.C. 1983 and DSHS for negligence after two young boys were murdered by their father during a social-worker-supervised visit during dependency proceedings brought by DSHS. The Ninth Circuit affirmed the district court's grant of summary judgment for the social workers, holding that there was insufficient evidence to show that the social workers recognized, or should have recognized, an objective substantial risk that the father would physically harm his sons. In this case, the social workers did not act with deliberate indifference to the boys' liberty interests and they were entitled to qualified immunity.The panel reversed the district court's dismissal of the negligence claims against DSHS, holding that material issues of fact existed regarding whether DSHS used reasonable care to avoid placing the boys in harm's way and whether DSHS's actions proximately caused the boys to be placed in harm's way. View "Cox v. Washington" on Justia Law