Torts Keyed to Dobbs
DeShaney v. Winnebago County Dept. of Social Services
Facts
DeShaney (P) was a child of divorced parents. He was given into his father’s custody. The Winnebago County Department of Social Services (D) became aware that the father beat DeShaney. DeShaney was hospitalized and later removed from his father’s custody. Later the county returned him to his father. Afterward, he received a violent beating from his father which led to permanent brain damage. He and his mother filed a civil rights claim against the county Department of Social Services, alleging its failure to remove him from his abusive father’s custody. The district court granted summary judgment in favor of the county, and the verdict was upheld by the appellate court. The Supreme Court granted review.
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