Olson v. Ramsey County

509 N.W.2d 368, 1993 Minn. LEXIS 800, 1993 WL 521084
CourtSupreme Court of Minnesota
DecidedDecember 17, 1993
DocketC4-92-1741
StatusPublished
Cited by45 cases

This text of 509 N.W.2d 368 (Olson v. Ramsey County) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olson v. Ramsey County, 509 N.W.2d 368, 1993 Minn. LEXIS 800, 1993 WL 521084 (Mich. 1993).

Opinion

SIMONETT, Justice.

The issue in this appeal is whether Ramsey County and one of its social workers are immune from suit for alleged negligence in failing to prevent the death of a child at the hands of his mother. Both discretionary function immunity and official immunity are involved. We conclude there is immunity from suit except as to one claim, and as to that claim, as a matter of law, defendants are not negligent. We affirm in part and reverse in part.

On September 17, 1987, Karen Olson brought her 2-year-old son, David, to the hospital with multiple scars on his buttocks. The mother admitted to a Ramsey County child protection intake worker that she had beaten the child and that the child’s older scars were from injuries inflicted by her previous boyfriend. The intake worker prepared a report indicating child abuse. He further noted that the mother was being seen by Jacquelyn Thompson of Lutheran Social *370 Services, who felt that Karen Olson “is trying to do a good job as a parent.” The intake worker recommended “weekly contacts.”

Ten days later, on September 27, defendant Kimaka White, a social worker for Ramsey County, was assigned the child protection case. On October 7, White met with Olson and formulated a case plan, later reduced to writing on a form entitled “Case Plan for Child in Placement.” The plan outlined the actions required of Olson. The child was to remain with the mother, who was to attend therapy sessions with a designated psychotherapist, attend classes at Wilder Domestic Center for Parenting Skills, continue to meet with Thompson of Lutheran Social Services on a regular basis, and abstain from further abuse of her children. (Olson also had a daughter.)

The Case Plan further provided that social worker White would “contact the parent/s biweekly” and would (a) monitor the progress of Olson’s treatment plan, (b) monitor Olson’s progress with Wilder, and (c) monitor Olson’s progress with Lutheran Social Services. Under paragraph 26 of the Case Plan form, White was “[t]o contact L.S.S. and Lois Kahn psychotherapist on the children’s progress”; the space provided in the form for “contacts” by the county with the children was left blank.

On October 15, defendant White saw Olson and David in her office. After this date, White was in telephone contact with Olson and met with her again on November 6, but did not see David again. During December of 1987 and January of 1988, White monitored Olson’s progress through telephone and personal contacts with Olson’s psychologist (to whom Olson had been referred by Lutheran Social Services) and with Thompson. White visited the Olson home on three occasions, but no one was home. In February 1988, Olson missed an appointment with the psychologist and White sent Olson a note saying she knew of the missed appointment and wanted to discuss Olson’s treatment. The mother kept her next appointment with the psychologist on February 18.

On March 2, 1988, David was brought to the hospital with a head injury and died later that day. On May 5, 1988, Olson pled guilty to second degree murder for David’s death. The following September a jury acquitted Olson’s boyfriend of murder but found him guilty of malicious punishment of a child.

In April 1989, Karen’s father, Peter Olson, as trustee, began this wrongful death action against defendants Ramsey County, Kimaka White, and Lutheran Social Services. In due course, Ramsey County and White moved for summary judgment based on “discretionary immunity.” The trial court, determining that the claims involved an unprotected monitoring function, denied the motion. Noting that defendant White’s day-to-day handling of the case constituted policy implementation rather than protected policy formation, the court of appeals affirmed. Olson v. Ramsey County, 497 N.W.2d 629 (Minn.App.1993). We granted the petition for further review filed by the County and Kimaka White.

Part of the difficulty with this case is the defendant County’s persistent failure to distinguish between discretionary function immunity and official immunity, which, in turn, has led the County to skew the issues. Before the trial court and the court of appeals, the County only asserted discretionary function immunity. Indeed, in appellant’s brief here the issue is framed as whether “ease management decisions of a child protection social worker [are] protected by discretionary immunity * * Nevertheless, the parties have included official immunity in their briefs and it was discussed in oral argument, and in the interests of judicial economy we will discuss both forms of immunity. A second issue raised here by appellants is whether, as a matter of law, any negligence of defendant-appellants was a direct cause of David’s death. This issue, like the issue of official immunity, was first raised before the court of appeals, and again, in the interest of judicial economy, we will deal with it.

I.

The source of discretionary function immunity is Minn.Stat. § 466.03, subd. 6 (1992), which precludes municipal tort liability for claims “based upon the performance or the failure to exercise or perform a discretionary function or duty, whether or not the *371 discretion is abused.” The application of discretionary function immunity is extensively discussed in Holmquist v. State, 425 N.W.2d 230 (Minn.1988), and Nusbaum v. County of Blue Earth, 422 N.W.2d 713 (Minn.1988). Generally, this immunity protects governmental conduct at the planning or policymaking level, while conduct at the operational level is not protected. Nusbaum, 422 N.W.2d at 720-22. Recently, we remarked that there is not always a sharp distinction between “making” and “implementing” policy, and whether consequences of policymaking might also be immune will require inquiry into “whether the consequential conduct itself involves the balancing of public policy considerations in the formulation of policy.” Pletan v. Gaines, 494 N.W.2d 38, 44 (Minn.1992).

There are three potential negligence claims here: negligence in allowing the child to remain with his mother; negligence in formulating a case management plan; and negligence in implementing the plan.

Here the plaintiff-trustee makes no claim for negligent failure to remove the child from the home. In making this placement decision, the County’s social worker was required to weigh the competing governmental policies of protecting the child from danger within the family and keeping the family together, a decision involving profound social considerations and, consequently, a decision at the policymaking level protected by discretionary function immunity. Compare Cairl v. State, 323 N.W.2d 20 (Minn.1982) (decision to allow a dangerous patient at the Brainerd State Hospital to go home for holiday leave was protected by discretionary function immunity).

In the court of appeals, defendant-appellants relied on Cairl

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Cite This Page — Counsel Stack

Bluebook (online)
509 N.W.2d 368, 1993 Minn. LEXIS 800, 1993 WL 521084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olson-v-ramsey-county-minn-1993.