Court throws out gross negligence claim against Michigan Child Protective Services despite numerous warnings preceding child's death
Rebecca Jasinski sued seven Child Protective Servivces agents after her ex-husband killed one of her sons. Jasinski had made numerous complaints to the agents of abuse of her children by CPS workers and they had substantiated his use of a cattle prod to discipline the children. Two of the children were removed from his custody, causing Jasinski to more urgently seek the last child's removal, but the agents refused to open an investigation or take action prior to the child's death by poisoning.
The Court held that the Estate of Nicholas Daniel Braman could not go to the jury with its claim of denial of the child's civil rights and substantive due process. The first complaint about the father was made in August of 1998, and many more were registered over the following decade. But apparently not enough to prove gross negligence or deliberate indifference.