Dees v. Cnty. of San Diego

302 F. Supp. 3d 1168
CourtDistrict Court, S.D. California
DecidedOctober 10, 2017
DocketCase No.: 3:14–cv–0189–BEN–DHB
StatusPublished
Cited by1 cases

This text of 302 F. Supp. 3d 1168 (Dees v. Cnty. of San Diego) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dees v. Cnty. of San Diego, 302 F. Supp. 3d 1168 (S.D. Cal. 2017).

Opinion

Hon. Roger T. Benitez, United States District Judge

In February 2013, Defendant Caitlin McCann ("McCann"), a social worker for Defendant County of San Diego, Health and Human Services Agency (the "County"), investigated the Dees family regarding allegations of child sexual abuse. After interviewing the parents and children, the investigation was closed as unfounded. Subsequently, Sara Dees and her two minor *1173children, L.G. and G.G., sued McCann and the County for violations of their constitutional rights during the investigation. The case was tried before a jury from February 7, 2017 to February 13, 2017. The jury returned a verdict in favor of Defendants on all claims.

Plaintiffs now move for judgment as a matter of law on their Monell claim against the County. They contend that McCann conducted an unconstitutional interview of L at her school pursuant to the County's policy and practice that permits children to be interviewed at school at any time without parental consent, exigency, or court order, as long as a child abuse investigation is open. Plaintiffs ask the Court to overturn the jury's verdict and order a new trial on the question of damages. Alternatively, they request the Court order a new trial as to liability. (Mot., ECF No. 151). The County opposes the motion. (Opp'n, ECF No. 158).

This case requires the Court to carefully consider competing interests in two extremely sensitive subjects. On the one hand, the crime of child sexual abuse is heinous and "society has a compelling interest in protecting its most vulnerable members from abuse within their home." Greene v. Camreta , 588 F.3d 1011, 1015 (9th Cir. 2009), vacated in part as moot by 563 U.S. 692, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (2011). On the other hand, the mere accusation of an alleged crime "does not provide cause for the state to ignore the rights of the accused or any other parties." Wallis v. Spencer , 202 F.3d 1126, 1130 (9th Cir. 2000). Parents have an "exceedingly strong interest" in raising their children as they see fit and protecting both themselves and their children from intrusive, embarrassing government investigations. Greene , 588 F.3d at 1016. Here, the Court's task is delicate because not only must it resolve this conflict, it also must decide whether to disturb the collective judgment of the jury. With these considerations in mind, the Court has reviewed the record and the law. The Court concludes that the jury's verdict on the Monell claim was in error and grants Plaintiffs judgment as a matter of law.

BACKGROUND1

Plaintiff Sara Dees is married to Robert Dees. Sara has two children from a prior marriage to Mr. Alfredo Gil, Plaintiffs L.G. and G.G. At the time of the events that are the subject of this action, L was nine years old and suffered from anxiety and ADHD. Because of these disorders, changes to L's routine could "set her off" and cause her to "melt down." Subsequent to the events at issue, L's psychiatrist has suggested that L may have autism spectrum disorder. G was five years old at the time. Robert also has two children from a prior marriage to Ms. Kelly Hunter, Ka. and Ky. Sara, Robert, and the four children all resided together.

On Thursday, February 7, 2013, Ms. Hunter called the hotline for Child Welfare Services, a division of the County's Health and Human Services Agency, to report that Robert had taken naked photos of their daughter, Ka. Ms. Hunter explained that the photographs were taken at Ka.'s request because she wanted to document her body as it changed during puberty. Ms. Hunter informed the hotline representative that Ka. lived with her father in a blended household with Sara and her biological children. Child Welfare Services *1174generated two referrals: one for Ka. and Ky. and a companion referral for L and G.

McCann was assigned to investigate the referrals. That day, McCann interviewed the four children living in the Dees home. Ka. explained that she asked her dad to photographically document her changing body. She did not feel uncomfortable in any way, and she thought she and her father had a healthy relationship. The three other children all said that they had never been inappropriately photographed and did not know of any inappropriate photographs of anyone else. The interviews of L and G occurred at home in their bedrooms with the door open. Sara had consented to the interviews but was not present during them.

McCann continued the investigation for the next few weeks, but she did not learn anything indicating that the children were being abused or neglected. McCann interviewed other family members and family members' therapists. Ka. also submitted herself for a forensic interview.

On or about February 11, 2013, the Family Court ordered Robert Dees to live outside of the home during the investigation. However, on or about February 13, 2013, the Family Court decided against making changes to the custody of the Gil children, leaving primary physical custody of L and G with Sara. McCann's supervisor, Srisuda Walsh, learned about the Family Court's custody order sometime around February 13. She subsequently instructed McCann to close her investigation.

At some point, the San Diego Police Department ("SDPD") opened a companion investigation. But on February 21, 2013, McCann spoke with the investigating SDPD detective, who informed McCann that the SDPD and District Attorney would not be pursuing a case.

That should have been the end. It was not.

On February 25, 2013, McCann interviewed L's teacher. According to McCann, nothing in the interview raised any concerns. The teacher explained that L has behavioral problems and appears very needy, but is smart and quick with her work. McCann testified that at the end of the day on February 25, 2013, she had no information to lead her to believe that the children were in any danger.

Yet, on February 26, 2013, McCann went to L and G's school to interview them. Ostensibly, McCann decided to interview L and G because she wanted to "wrap up [her] investigation ..., make sure that [the children] were okay, and ... get out of their lives." (2/9/17 Trial Tr. at 230:6-10). She also said she wanted to ensure that Robert Dees was not living in the home.

This time, McCann neither asked, nor received, Sara's or Mr. Gil's consent to talk to the children. She admitted that four days earlier, on February 22, 2013, she had spoken to the children's grandmother to ask whether she could interview them. The grandmother said that McCann could only speak with the children in the presence of an attorney.

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Bluebook (online)
302 F. Supp. 3d 1168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dees-v-cnty-of-san-diego-casd-2017.