Rayburn v. Hogue

• Decision Date: 16 February 2001
• Docket Number: No. 99-14729,99-14729
• Citation: 241 F.3d 1341
• Parties: (11th Cir. 2001) Brantley Tyler RAYBURN, a minor, by and through his mother and next friend Wendy Anny RAYBURN; Brandon Geoffrey Rayburn, a minor, by and through his mother and next friend Wendy Anny Rayburn, Plaintiffs-Appellees, v. Skip HOGUE, Dee Hogue, Defendants-Appellants.
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 1341

241 F.3d 1341 (11th Cir. 2001)

Brantley Tyler RAYBURN, a minor, by and through his mother and next friend Wendy Anny RAYBURN; Brandon Geoffrey Rayburn, a minor, by and through his mother and next friend Wendy Anny Rayburn, Plaintiffs-Appellees, v. Skip HOGUE, Dee Hogue, Defendants-Appellants.

No. 99-14729.

United States Court of Appeals,

Eleventh Circuit.

Feb. 16, 2001.

Feb. 28, 2001

Appeal from the United States District Court for the Northern District of Georgia.(No. 97-00151-CV-JTC-3), Jack T. Camp, Judge.

Before DUBINA, FAY and COX, Circuit Judges.

DUBINA, Circuit Judge:

This case involves an interlocutory appeal of the district court's order denying summary judgment to Skip and Dee Hogue ("the Hogues" or "the foster parents") who were alleged to have violated the constitutional rights of two of their foster children. We reverse.

I. BACKGROUND¹

A.Facts

Wendy Ann Rayburn is the mother of three children: Tyler, Brandon, and Cameron.² On October 21, 1995, Dora Farnesi, a case worker with the Carroll County Department of Family and Children's Services ("DFACS"), removed the Rayburn children from the physical custody of their mother, Ms. Rayburn. The removal occurred after the juvenile court in Carroll County, Georgia, entered an order finding the Rayburn children to be deprived and granting their temporary legal custody to DFACS.³. At the time Ms. Farnesi removed the children from Ms. Rayburn's custody, Tyler was five years old, Brandon was ten years old, and Cameron was seven years old. Ms. Farnesi placed the children in overnight emergency care in the home of Gail Brooks.

On October 22, 1995, Ms. Farnesi placed the children in foster care with Dee and Skip Hogue.⁴ On October 26, 1995, Dee Hogue called DFACS and informed Donna Ivey, a services clerk at DFACS, that she wanted all three Rayburn children out of her home. Ms. Hogue indicated that the children, especially Cameron, disrupted her household and were hard to control. Ms. Ivey conveyed this message to Ms. Farnesi. Ms. Farnesi discussed the situation with Debra Trent, a Social Services Supervisor in charge of caseworkers, and Wylene Williams, the county director of DFACS. The three agreed to move Cameron out of the Hogue household. On October 27, 1995, DFACS transferred Cameron to another foster home.

Ms. Farnesi served as the caseworker for the Rayburn children. On November 8, 1995, Brandon Rayburn visited Ms. Farnesi's office. During this visit Brandon and Ms. Farnesi discussed Brandon's fights with Chrystal Fernander, another foster child in the Hogue home. Brandon also related to Ms. Farnesi that he wished to go home.

On November 9, 1995, Wendy Rayburn visited with her children in the presence of Ms. Farnesi at the DFACS office. At this meeting Ms. Rayburn observed a bruise on Brandon's arm. Ms. Rayburn vocalized concern about the bruise and asked Ms. Farnesi to look at it. Ms. Farnesi asked Brandon if the bruise resulted from being bitten by Chrystal Fernander, another foster child at the Hogue residence. Brandon agreed that the bite caused the bruise. During this visit, Brandon told Ms. Farnesi that he was being mistreated in the Hogue household. It later became evident, however, that Brandon meant that Tom Anderson, another foster child at the Hogue residence, had been mean to him.

After Ms. Rayburn's visit with her children, Ms. Farnesi spoke with Ms. Hogue about the bite mark. Ms. Hogue explained that Brandon and Chrystal had been playing roughly. Ms. Hogue stated that Chrystal bit Brandon when he refused to let her out of a headlock. Ms. Farnesi questioned Brandon and Chrystal separately, and both children confirmed this account.

On November 13, 1995, Ms. Rayburn called Debra Trent and told her that her children were being abused in the Hogue foster home. Ms. Rayburn relayed her observation about the bruise and bite mark on Brandon's upper arm, and she stated that Brandon was afraid to tell her how it happened. Ms. Rayburn also said that Brandon told her that Ms. Hogue threatened that he would never see his mother again.

Ms. Trent referred Ms. Rayburn to Ruth Reid, an intake worker at DFACS. Ms. Rayburn made a referral to Ruth Reid on November 13. On November 14, Ellen Taylor, an investigator at DFACS, conducted an investigation into Ms. Rayburn's claims. Ms. Taylor interviewed separately Brandon, Tyler, Chrystal, Tom Anderson, David S. (another foster child), and Ms. Hogue about Ms. Rayburn's allegations. On November 15, Taylor reported the findings of her investigation to Ms. Trent. Taylor found that the allegations of physical abuse were unfounded and that other concerns raised in the referral were without merit. Specifically, Taylor concluded that the bite marks occurred as a result of a wrestling incident between Brandon and Chrystal.

On November 15, 1995, DFACS held a panel review concerning the Rayburn children. Ms. Rayburn, Ms. Trent, Wylene Williams, Ms. Farnesi, and Becca Aanstoos, a private counselor retained by DFACS to work with Brandon, attended. Brandon and Tyler did not attend.⁵ At this meeting Ms. Farnesi reported the bite mark episode to the panel.

On November 21, 1995, Ms. Rayburn came for a scheduled visit with her children at DFACS. Ms. Rayburn discovered that the visit had been rescheduled to the next day. Ms. Rayburn had not received any notification of the change from Ms. Farnesi. Ms. Farnesi was on vacation from November 20 through November 28. Ms. Rayburn spoke with Georgia Brown, the investigative supervisor at DFACS, and alleged that Ms. Hogue was abusing the Rayburn children. Ms. Brown asked if Ms. Rayburn made a referral about the matter, and Ms. Rayburn responded that she had. Ms. Brown stated that the matter would be investigated.

On November 25, Margaret Raiden, the on-call caseworker, received and returned a telephone call from Ms. Hogue. Ms. Hogue informed Ms. Raiden that Brandon and Chrystal had ridden their bicycles from her home to the home of Chrystal's mother. Chrystal later testified that she and Brandon ran away to find someone to tell what was going on in the Hogue household. (Chrystal Fernander Dep., pp. 14-15.). Brandon testified that he also wanted to run away in order to tell his mother how he was being treated. (B. Rayburn Dep., p. 34.). When the children returned to the Hogue household, they were apologetic.

On November 25, Ms. Raiden also spoke with Ms. Rayburn. Ms. Rayburn indicated that she received a message from Brandon on the answering machine informing her that he had ridden to Villa Rica with another foster child. Ms. Raiden informed Ms. Rayburn that Brandon was already back at his foster home. Ms. Rayburn demanded to speak with Brandon on the telephone. Ms. Raiden set up a three way conference call. During the phone conversation, Brandon became extremely upset and asked his mother not to tell people that he was being mistreated in the foster home. Raiden ended the conversation by stating that the purpose of the call was to let Ms. Rayburn know that Brandon was all right and not to get into what may or may not have been happening in the foster home. Ms. Raiden reported the incident to Ms. Farnesi and Ms. Trent.

On November 27, 1995, Ms. Taylor received a phone call from an upset Ms. Rayburn. Ms. Rayburn reported that the Hogues psychologically abused the foster children in the home. Ms. Rayburn related that Brandon had run away two days earlier. She stated that she had recorded the last visitation with her children. Ms. Rayburn alleged that her children had been told that they would not be allowed to see her again if they cried. Ms. Rayburn also stated for the first time that she had heard that sexual abuse occurred in the Hogue home.

Ms. Taylor tried to reassure Ms. Rayburn about the safety of the children. Ms. Taylor told Ms. Rayburn about the interviews she conducted with the children on November 14. Ms. Taylor related that neither Brandon nor Tyler expressed any fear of the Hogues in her interviews with them. Ms. Taylor did not initiate another investigation because Ms. Rayburn could not provide any specifics as to her allegations of sexual abuse. While Ms. Taylor felt that it was the same things she had investigated two weeks earlier, she nevertheless apprized Ms. Trent and Ms. Williams of her conversation with Ms. Rayburn.

When Ms. Farnesi returned from her vacation on November 29, she spoke by phone with Ms. Hogue about the bicycle incident on November 25. Ms. Hogue informed Ms. Farnesi that Brandon and Chrystal had ridden their bicycles to the home of Chrystal's mother and that Chrystal's mother returned them to the police. On December 8, Ms. Rayburn attended a meeting at the DFACS office with Ms. Farnesi, Ms. Trent, and counselor Becca Aanstoos. The group discussed a number of things, including the bite mark incident and general claims of mistreatment.

Due to illness, Ms. Farnesi was out of the office from December 18, 1995, until December 22, 1995. Ms. Farnesi was out of town from December 28, 1995, until January 9, 1996, due to a death in the family.

On December 24, 1995, Chrystal Fernander heard Tyler screaming in Tom Anderson's bedroom. Chrystal entered Tom's room and found Tyler and Tom in the same bed. Chrystal took Tyler out of bed and found that he was naked from the waist down. The next day Brandon told Chrystal that Tom had been molesting Tyler.

Brandon and Tyler went to tell Ms. Hogue about the incident, but Ms. Hogue told them that they were lying.⁶ Chrystal also told Ms. Hogue that she saw Tyler and Tom in bed together and that Tyler did not have on shorts.

Tyler later testified that Tom had sexually molested him. Tyler also testified that Tom Anderson forced Candis Fernander, another foster child at the Hogues' home, to get in bed with Tyler on one occasion.

Ms. Rayburn met with her children in the presence of Ms. Ivey at the DFACS office on December 28, 1995. The children did not discuss the December 24 incident...