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Administrative Law Keyed to Popper
DeShaney v. Winnebago County Department of Social Services
Citation:
489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. 2D 249 (1989)Facts
In 1980, Joshua DeShaney’s parents divorced, and he went to live with his father in Winnebago County, Wisconsin. County authorities first learned of possible abuse in January 1982, when the father’s second wife reported concerns. In January 1983, Joshua was hospitalized with multiple bruises, and DSS temporarily took custody but returned him to his father after three days. Over the next year, the assigned caseworker made monthly visits to the DeShaney home, documenting suspicious injuries and conditions but taking no further action. Emergency room personnel reported suspected abuse multiple times. In March 1984, four-year-old Joshua was beaten so severely by his father that he fell into a life-threatening coma and suffered permanent, severe brain damage. His father was subsequently convicted of child abuse. Joshua and his mother sued the county and DSS officials under 42 U.S.C. § 1983, claiming they deprived Joshua of his liberty without due process by failing to intervene despite knowledge of the ongoing abuse.
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