DeShaney v. Winnebago County Department of Social Services

DeShaney was born in 1979, and his parents were divorced in 1980. His father was awarded custody and remarried. DeShaney’s step mother reported abuse in 1982 during his father’s second divorce. In 1983, DeShaney was admitted to the hospital with bruises and abrasions. He was placed in temporary custody of the hospital, but the “child protection team” decided there was insufficient evidence for child abuse. Instead, they placed DeShaney in a preschool program and recommended counseling for his father.

One month later, DeShaney was again treated at the hospital for suspicious injuries. The caseworker again decided there was insufficient evidence of abuse, and instead, made monthly home visits. In November 1983, DeShaney was admitted again.

In March 1984, when he was four, DeShaney’s father beat him so badly that he was in a coma. Emergency brain surgery revealed a history of traumatic brain injuries. His brain damage left him severely retarded, and he was expected to spend then rest of his life in an institution.

His father was then tried and convicted of child abuse. DeShaney’s mother sued on his behalf under 42 U.S.C. § 1983. They argued that the State deprived DeShaney of his liberty interest in freedom from unjustified intrusions on personal security by failing to protect him from his father.