Jones v. County of Los Angeles

802 F.3d 990, 2015 U.S. App. LEXIS 16725, 2015 WL 5515727
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 21, 2015
Docket12-55995
StatusPublished
Cited by10 cases

This text of 802 F.3d 990 (Jones v. County of Los Angeles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. County of Los Angeles, 802 F.3d 990, 2015 U.S. App. LEXIS 16725, 2015 WL 5515727 (9th Cir. 2015).

Opinions

OPINION

MURGUIA, Circuit Judge:

The Jones family — Jill, Michael, and their son G.J. — brought this action under 42 U.S.C. § 1983 alleging that Dr. Claudia Wang violated their Fourth- and Fourteenth Amendment rights and committed various torts during her investigation into whether G.J. had been abused. The district court denied Dr. Wang summary judgment on her qualified immunity defense. We conclude that, resolving all factual disputes in the Joneses’ favor, the alleged conduct of Dr. Wang can support a claim that Dr. Wang violated the Joneses’' clearly established constitutional rights.

I. Factual and Procedural Background

Dr. Wang appeals the district court’s denial of summary judgment on her qualified immunity defense. We accept as true all of the Joneses’ evidence, and we draw all justifiable inferences in the Joneses’ favor. Tolan v. Cotton, — U.S. -, 134 S.Ct. 1861, 1863, 188 L.Ed.2d 895 (2014) (per curiam).

The events underlying this suit begin on the evening of February 24, 2010. As Jill Jones descended the steps from the loft in her Santa Monica condominium with her sleeping infant son G.J. in her arms, she tripped and G.J. slipped out of her grip. G.J. tumbled down several stairs and landed on his head on the hardwood floor. Jill rushed G.J. to the Emergency Department at the Santa Monica UCLA Medical Center.

At the Emergency Department, a CT scan of G.J.’s head revealed a complex fracture on the back of G.J.’s skull. G.J.’s ribs were also fractured, but because the bones were still aligned, the fractures were not visible on the x-ray of G.J.’s chest done that day. Hospital staff made a routine report of G.J.’s injury to the LA County Department of Children and Family Services (DCFS), noting that G.J.’s injuries were consistent with Jill’s explanation that' [996]*996she had accidentally fallen down the stairs. G.J. stayed in the hospital for two days after the accident. On February 26, 2010, he was discharged to his parents. After Jill brought G.J. home from the hospital, she noticed a popping noise coming from G.J.’s chest, which was caused by the undetected rib fractures. Jill was concerned because G.J. appeared to be in pain every time she heard a pop from his chest.

On March 4, 2010, Nancy Hayes, UCLA’s Suspected Child Abuse and Negligence (SCAN) team case manager, referred G.J.’s case to Dr. Claudia Wang, the SCAN team medical director. Dr. Wang reviewed the case and concluded that G.J.’s injuries were unusual and potentially, but not necessarily, inconsistent with Jill’s explanation. Even though the skull fracture could be consistent with Jill’s explanation that G.J. had fallen down stairs and hit his head, because of the fracture’s severity, Dr. Wang decided to order routine child abuse screening tests and examine G.J. herself. Dr. Wang called G.J.’s pediatrician, who called Jill and coordinated with Jill to bring G.J. in for an ophthal-mological exam, a skeletal survey x-ray, and a physical examination with Dr. Wang the following morning. Jill’s pediatrician told Jill that the'tests were routinely done to rule out child abuse and should have been done before G.J. was discharged from the hospital the week before. Dr. Wang also called Jill and assured her that the tests were routine. Jill was also aware that these tests were routinely conducted to investigate child abuse because of her work as a lawyer for L.A. County Social Services. Jill told Dr. Wang about the popping she heard in G.J.’s chest and the pain it was causing G.J.

The next day, March 5, 2010, Jill brought G.J. to the UCLA Westwood campus medical facilities for the tests as scheduled. The ophthalmological examination showed that G.J. had no retinal hemorrhages, which are often found in infants with abusive head trauma..

The first radiologist to interpret G.J.’s skeletal survey, Dr. Ines Boechat, told Dr. Wang that she saw fractures on G.J.’s sixth and seventh right ribs on the posteri- or (back) side. Dr. Wang looked at the skeletal survey images herself and compared them with the chest x-ray taken at the Emergency Department immediately after the fall, which appeared not to show any rib fractures. Dr. Wang was not able to make out the fractures on G.J’s right ribs that Dr. Boechat identified, but she did see fractures on G.J.’s left sixth and seventh ribs. Dr. Wang surmised that the left fractures were new, while the right side fractures were not. Dr. Boechat suggested to Dr. Wang that the skeletal survey might faintly show another skull fracture on the left side of G.J.’s skull that had also not been detectable on the February 24, 2010, CT scan. Dr. Boechat recommended that Dr. Wang get an opinion from another radiologist.

At Dr. Wang’s request, a second radiologist, Dr. Ted Hall, reviewed both the chest x-ray from the Emergency Department and that morning’s skeletal survey. Unlike Dr. Boechat and Dr. Wang, Dr. Hall interpreted G.J.’s skeletal survey to show fractures on G.J.’s sixth and seventh ribs on both sides. Dr. Hall opined that the right-side fractures might have been present on the February 24 chest x-ray, but he did not see the left-side fractures on that x-ray image. Dr. Hall saw no second fracture on the left side of G.J.’s skull. Dr. Hall also disagreed with Dr. Wang’s observation that G.J. might have fractures on his femur and tibial bones. He explained to her that what she suspected were fractures were actually a normal variant in infant legs.

After consulting with specialists after that morning’s child abuse screening tests, [997]*997Dr. Wang knew that (1) G.J. did not have retinal hemorrhaging, and (2) G.J. had rib fractures. Dr. Wang concluded — mistakenly, as it turned out — that G.J.’s ribs had been fractured after the accident. Before meeting with Jill or examining G.J., Dr. Wang called Nancy Hayes, the SCAN team case manager, and asked her to report G.J.’s case to DCFS. Dr. Wang also called the UCLA police department because she was concerned that Jill might try to leave the clinic with G.J. When the police officers arrived, Dr. Wang spoke with them and asked them to remain in the clinic while she met with Jill.

Dr. Wang met with Jill in the Pediatric Ambulatory Clinic. Jill recounted for Dr. Wang the accident and G.J.’s fall down the stairs. Dr. Wang then informed Jill that, as a mandated child abuse reporter, she had requested that a report be made to DCFS and the UCLA police because G.J.’s injuries were compatible with non-accidental trauma. Despite Dr. Hall’s opinion that G.J. did not have a second skull fracture, Dr. Wang told Jill that G.J. might have an additional skull fracture and possibly leg fractures and recommended that G.J. have another CT scan. Dr. Wang also recommended to Jill that Jill admit G.J. into the hospital for a bone specialist consult to determine whether G.J. had a metabolic bone disorder that was causing the fractures. Dr. Wang’s primary purpose, however, in recommending to Jill that G.J. be hospitalized — which she did not tell Jill — was to detain G.J. at the hospital and prevent Jill from taking G.J. home. Dr. Wang later testified that had she not suspected abuse, she would have told the Joneses that they could take G.J. home and return in the following weeks for outpatient testing. In fact, Dr. Wang testified that the main reason for admitting G.J. was that she did not have a plan to discharge him safely to his home. Dr. Wang also acknowledged that, because it was Friday, admitting G.J.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lopez v. County of Los Angeles CA2/1
California Court of Appeal, 2025
Rabinovitz v. City of L. A.
287 F. Supp. 3d 933 (C.D. California, 2018)
Thomas v. Cannon
289 F. Supp. 3d 1182 (W.D. Washington, 2018)
Jones v. County of Los Angeles
879 F.3d 1216 (Ninth Circuit, 2018)
Dees v. Cnty. of San Diego
302 F. Supp. 3d 1168 (S.D. California, 2017)
Kevin Teeman v. Yakima County Sheriff's Office
684 F. App'x 640 (Ninth Circuit, 2017)
Ernest Atencio v. Joseph Arpaio
674 F. App'x 623 (Ninth Circuit, 2016)
Santos v. Kisco Senior Living, LLC
1 Cal. App. 5th 862 (California Court of Appeal, 2016)
Manuel Ramirez v. Escondido Union School Dist.
648 F. App'x 669 (Ninth Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
802 F.3d 990, 2015 U.S. App. LEXIS 16725, 2015 WL 5515727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-county-of-los-angeles-ca9-2015.