Sealed v. Sealed
| Decision Date | 13 June 2003 |
| Docket Number | Docket No. 02-7164. |
| Citation | 332 F.3d 51 |
| Parties | SEALED, Plaintiffs-Appellants, v. SEALED, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Second Circuit |
Raymond J. Rigat, Gilbride & Rigat, Clinton, CT, for Plaintiffs-Appellants.
Benjamin Zivyon, Assistant Attorney General, Hartford, CT (Richard Blumenthal, Attorney General of Connecticut, Gregory T. D'Auria, Associate Attorney General, Susan T. Pearlman, Assistant Attorney General, on the brief) for Defendants-Appellees.
Before: F.I. PARKER, STRAUB, and SACK, Circuit Judges.
Plaintiffs-Appellants, Teresa T. ("Teresa") and Zazsheen P. ("Zazsheen"), minor children who are presently in foster care, assert various constitutional claims against defendant employees of the Connecticut Department of Children and Families ("DCF") based on the defendants' alleged failure to protect the plaintiffs from their stepfather's severe physical abuse by removing plaintiffs from their home. The United States District Court for the District of Connecticut (Alfred V. Covello, then-Chief Judge) dismissed plaintiffs' procedural due process claims, rejecting plaintiffs' argument that Connecticut's child welfare statutes, Conn. Gen.Stat. §§ 17a-90, et seq., create a constitutionally enforceable right to child protective services subject to due process protection. See Teresa T. v. Ragaglia, 154 F.Supp.2d 290, 303-05 (D.Conn.2001). Although we agree with the District Court's reasoning in substantial part, we find the language of Conn. Gen.Stat. § 17a-101g(c) which provides for the emergency removal of children "in imminent risk of physical harm" when immediate removal "is necessary to ensure the child's safety" somewhat ambiguous. Due to the lack of state precedent interpreting this provision, and in recognition of the paramount state interest in protecting abused children, we conclude that the Connecticut Supreme Court should have the first opportunity to clarify the scope of § 17a-101g(c) upon certification from this Court.
The tragic facts of this case are set forth in detail in the District Court's decision, familiarity with which is presumed. See Teresa T., 154 F.Supp.2d at 294-97. In order to frame the issues on appeal, we briefly summarize plaintiffs' allegations.
Plaintiffs' family was first brought to the attention of the DCF in October 1996 when a teacher at Teresa's school reported signs of possible abuse, including marks on Teresa's neck and troubling weight loss. After an initial inquiry, a DCF investigation worker confirmed that Teresa — who was twelve years old at the time, autistic, and non-verbal — was in need of immediate DCF services given the unexplained bruises on her neck and her noticeable weight loss. According to the plaintiffs' allegations, which we must accept as true at the pleading stage, see Olmsted v. Pruco Life Ins. Co. of New Jersey, 283 F.3d 429, 432 (2d Cir.2002), during the three-month period between October 1996 and January 1997 when the DCF closed its case on the plaintiffs' family, defendants failed to conduct an adequate investigation into the initial reports of abuse and ignored multiple signs of obvious neglect and abuse.
The social-worker trainee assigned as the family's DCF caseworker visited plaintiffs' home several times and spoke with plaintiffs' mother, Ms. G. The caseworker learned that the plaintiffs' stepfather, Joseph P., lived with them occasionally, but plaintiffs' mother refused to answer any additional questions about the stepfather. After some difficulty, the caseworker managed to meet Joseph P., but he was loud, belligerent, and disruptive during the conversation, making it increasingly difficult for the caseworker to communicate freely with plaintiffs' mother.
Teresa's teacher also informed the caseworker that she was worried about Teresa's weight, especially Teresa's significant weight loss over Thanksgiving break. In addition, the teacher indicated that Teresa had been observed eating frantically and explained that the school had been feeding Teresa double portions of both breakfast and dinner.1 The teacher further expressed concern that Teresa was losing her hair and that she would come to school with body odor and unclean clothes. Finally, Teresa's teacher informed the caseworker that the school was concerned about Joseph P. being in the plaintiffs' home, because he had asked the school bus driver for money on several occasions.
During the investigation, the caseworker also learned that the Department of Mental Retardation had been working with the plaintiffs' family for over a year and that the plaintiffs' mother had been noncooperative. Moreover, after Ms. G was evaluated for substance abuse, the drug counselor reported that Ms. G was very angry during the interview and recommended further testing and psychological evaluation. The counselor also privately informed the caseworker that he had a "hot" case on his hands and that she was afraid that Ms. G had other problems besides potential drug abuse.
In December 1996, Teresa received a full medical examination at the Hill Health Center ("HHC") in New Haven. The HHC doctor indicated that Teresa was in "good physical condition" and that he had "no concerns regarding her health or weight loss." However, the DCF case-worker apparently did not credit the doctor's assessment and asked that Teresa be examined by another physician — an examination which never occurred.2 In January 1997, the DCF caseworker arranged to have respite care provided to plaintiffs' family through the Benhaven agency in coordination with the Department of Mental Retardation. Before those services began, the coordinator of Benhaven, T. Lowe ("Lowe"), visited the plaintiffs' home with the DCF caseworker. Lowe observed a sparsely furnished apartment, with almost no light, filled with a peculiar odor. She informed the DCF caseworker that her agency could not provide the plaintiffs' family with the intensive services which the family obviously needed.
Despite this warning, respite services began, but were soon terminated after the service provider assigned to the plaintiffs' family reported to Lowe that Joseph P. had called her at home, "street talked" her, and requested sexual favors. The service provider also informed Lowe that plaintiffs' home smelled of urine, was unclean and unsafe, and was otherwise inappropriate for children. The Benhaven agency subsequently cancelled respite services. Lowe again informed the DCF caseworker that the plaintiffs' family required more intensive services. Inexplicably, the caseworker responded by informing Lowe that he had closed the DCF file on the plaintiffs' family.
On January 26, 1997, plaintiffs' eight month old sister, Shedina P. ("Shedina"), was brought to the emergency room with severe head trauma and several rib fractures which the emergency room doctor found to be consistent with child abuse. As a result of her injuries, Shedina died three days later. Only at this time did the DCF place a 96-hour hold on plaintiffs due to the agency's assessment that the plaintiffs were at risk of imminent harm.3 Plaintiffs were eventually placed in foster care. Later, in February 1997, plaintiffs' mother revealed to the DCF caseworker that Joseph P. had abused plaintiffs and Shedina on numerous occasions and that plaintiffs witnessed the beating which ultimately led to Shedina's death. Ms. G indicated that she had been too afraid to report the abuse earlier and that Joseph P. "coached" her on how to the answer the caseworker's questions to avoid detection.
Plaintiffs brought this action in June 2000 by their next friend, asserting various claims pursuant to 42 U.S.C. § 1983 and under state law. Defendant DCF officials moved to dismiss under Fed.R.Civ.P. 12(b)(6). By written decision, the District Court granted the motion as to plaintiffs' procedural due process claims, concluding that the procedures set forth in Connecticut's child welfare statutes do not give rise to a legitimate claim of entitlement on which a procedural due process claim may be grounded.4 See Teresa T., 154 F.Supp.2d at 303-06. Plaintiffs subsequently obtained both the District Court's as well as this Court's permission to pursue an interlocutory appeal pursuant to 28 U.S.C. § 1292(b), and the District Court stayed further proceedings pending resolution of this appeal.
We review the dismissal of plaintiffs' claims de novo, see Cicio v. Does, 321 F.3d 83, 89 (2d Cir.2003), and will affirm only if "it appears beyond doubt that the plaintiff[s] can prove no set of facts ... which would entitle [them] to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). This rule "applies with particular force" in this case, as plaintiffs seek to vindicate their civil rights. See Chance v. Armstrong, 143 F.3d 698, 701 (2d Cir.1998).
In analyzing plaintiffs' procedural due process claims, we must first determine (1) whether plaintiffs possessed a protected liberty or property interest, and, if so, (2) what process plaintiffs were due before they could be deprived of that interest. See Ciambriello v. County of Nassau, 292 F.3d 307, 313 (2d Cir.2002). Because the District Court found that plaintiffs could not establish the existence of any interest entitled to due process protection, it never reached the second part of the inquiry. We too focus on this threshold question, but for the reasons explained below, seek further guidance from the Connecticut Supreme Court as to the content of the applicable state law.
Although some due process protections stem independently from the Fourteenth Amendment, state law may also create liberty or property interests entitled to due process protection. See Paul v. Davis, 424 U.S. 693, 711 & n. 5, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1976). In this case, plaintiffs do not contend that the ...
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