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Constitutional Law Keyed to Stone
DeShaney v. Winnebago County Department of Social Services
Citation:
489 U.S. 189 (1989)Facts
In 1980, Joshua DeShaney was placed in his father’s custody following his parents’ divorce. The Winnebago County Department of Social Services first learned of possible abuse in January 1982 when the father’s second wife complained to police. In January 1983, Joshua was hospitalized with multiple bruises, prompting DSS to temporarily place him in hospital custody. A “Child Protection Team” determined there was insufficient evidence of abuse to retain custody, and Joshua was returned to his father. Over the next year, the assigned caseworker made monthly visits, documenting suspicious injuries and concerns but taking no action. Emergency room personnel reported suspected abuse multiple times. In March 1984, Randy DeShaney beat four-year-old Joshua so severely that he fell into a life-threatening coma. Emergency surgery revealed a series of hemorrhages caused by traumatic head injuries inflicted over time. Joshua survived but suffered permanent brain damage requiring lifelong institutionalization. His father was subsequently convicted of child abuse.
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