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FILE NO., COURT AND DATE FILED
94-C-2157 (Circuit Court of Kanawha Co., W.V., 1994)
CITATIONS
None
CLEARINGHOUSE REVIEW NO.
None
ATTORNEYS FOR PLAINTIFFS
Mary Downey
1018 Kanawha Blvd. E
Charleston, WV 25314-2478
(304) 344-2481
Fax: (304) 342-0448
Mike Kelly (now a family court judge)
111 Court Street
Charleston, WV 25321
(304) 558-5801
Fax: (304) 558-5803
ISSUES
This damages lawsuit was brought on behalf of a child against the Department and the individual caseworker alleging that plaintiff had been returned to her father's custody despite defendants' knowledge that she had again been sexually abused by him while in the custody of the Department, and where she was subsequently sexually abused by him when returned to his custody. The issues revolved around statute of limitations; application of equitable estoppel to the statute of limitations; constitutional claims in light of De Shaney v. Winnebago County DSS; absolute, qualified, and quasi judicial immunity; and res judicata.
HISTORY AND STATUS
After a three-week trial, the jury returned a positive verdict in the amount of $1,250,000 in emotional distress damages.
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