Robbins v. CHILDREN & YOUTH SERVICES

• Decision Date: 18 July 2002
• Citation: 802 A.2d 1239
• Parties: Seth Fitzgerald ROBBINS, a minor, by Erin Robbins and Kerry Robbins, his parents and natural guardians, and Erin Robbins and Kerry Robbins, in their own right, Appellants, v. CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES, the County of Cumberland, Gary I. Shuey, Individually and in his Official Capacity as Agency Administrator for Cumberland County Children and Youth Services, Dianne Rupp, Individually and in her Official Capacity as Case Work Supervisor for Cumberland County Children and Youth Services, Christina Runyon, Individually and in her Official Capacity as Case Worker for Cumberland County Children and Youth Services, Wendy B. Hoverter, Individually and in her Official Capacity as Program Director for Cumberland County Children and Youth Services, and Darlene Orr, Individually and in her Official Capacity as Program Director for Cumberland County Children and Youth Services, v. Susan Fitzgerald.
• Court: Pennsylvania Commonwealth Court

802 A.2d 1239

Seth Fitzgerald ROBBINS, a minor, by Erin Robbins and Kerry Robbins, his parents and natural guardians, and Erin Robbins and Kerry Robbins, in their own right, Appellants, v. CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES, the County of Cumberland, Gary I. Shuey, Individually and in his Official Capacity as Agency Administrator for Cumberland County Children and Youth Services, Dianne Rupp, Individually and in her Official Capacity as Case Work Supervisor for Cumberland County Children and Youth Services, Christina Runyon, Individually and in her Official Capacity as Case Worker for Cumberland County Children and Youth Services, Wendy B. Hoverter, Individually and in her Official Capacity as Program Director for Cumberland County Children and Youth Services, and Darlene Orr, Individually and in her Official Capacity as Program Director for Cumberland County Children and Youth Services, v. Susan Fitzgerald.

Commonwealth Court of Pennsylvania.

Argued April 12, 2000.

Decided July 18, 2002.

Richard B. Druby, Harrisburg, for appellants.

Douglas B. Marcello, Harrisburg, for appellees.

Elizabeth A. Duffy, Philadelphia, for amicus curiae, Support Center for Child Advocates.

Anthony T. McBeth, Harrisburg, for amicus curiae, County Commissioners Assoc. of Hbg.

Before DOYLE, President Judge,¹ COLINS, Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, and LEADBETTER, Judge.

OPINION BY Judge LEADBETTER.

Seth Fitzgerald Robbins, a minor child, and his adoptive parents, Erin and Kerry Robbins, appeal from the order of the Court of Common Pleas of Cumberland County, which sustained preliminary objections and dismissed their complaint against all parties other than Susan Fitzgerald, Seth's natural mother.² The Robbins seek money damages under 42 U.S.C. § 1983 and State constitutional and tort law theories, alleging that Cumberland County Children and Youth Services, Cumberland County and several individually named directors, administrators and caseworkers (collectively "CYS") failed to protect Seth from physical abuse inflicted by Susan Fitzgerald. The Robbins allege that CYS and several of its employees failed to investigate properly allegations of child abuse in the Fitzgerald house and, had CYS acted with greater vigilance, the abuse suffered by Seth would have been prevented. As the scope of an appeal from an order sustaining preliminary objections necessarily raises only issues of law, our review is plenary. Finding that common pleas did not err in applying the law, in spite of the harsh result, we must affirm.³

This action arises out of the physical and psychological abuse suffered by Seth at the hands of Susan Fitzgerald. In 1995, Seth was three years old and lived with his mother and his two brothers in Silver Spring Township, Cumberland County. The first evidence of Fitzgerald's abusive behavior came to light on February 20, 1995, when Seth's older brother was taken to the emergency room with a complex fracture to his left forearm. Two days later, Seth's brother was admitted with a second forearm fracture, also inflicted by Fitzgerald. Based on two similar arm fractures, sustained just two days apart, the treating physician referred the case to CYS for investigation of possible child abuse. CYS assigned the matter to caseworker Christina Runyon for further investigation. On March 13, 1995, Ms. Runyon, accompanied by an officer from the Silver Spring Police Department, visited the Fitzgerald home. After the visit, Ms. Runyon advised the officer that she did not suspect abuse in the home and that she was going to close the file. No further criminal investigation was conducted at that time.

On March 28, 1995, Stephen, Seth's younger brother, sustained a similar fracture to his left forearm. CYS reopened the file and sent the x-rays of the fractures to an independent physician, Dr. Danielle Boal, M.D., who determined that the fractures were "unusual" and "remarkably similar" in kind and in proximity and that the injuries raised suspicions of abuse. Dr. Boal recommended a complete skeletal survey in the event that further fractures were sustained.

On June 2, 1995, Fitzgerald first injured Seth by fracturing his left arm and inflicting closed head injuries, multiple contusions and abrasions. Seth was taken to a different hospital and knowledge by CYS of this incidence of abuse is not alleged in the complaint. At some point prior to closing the file, Ms. Runyon made a second visit to the Fitzgerald home. However, despite knowledge of at least three nearly identical arm fractures sustained by the Fitzgerald children and the advice of Dr. Boal, she closed the file on June 19, 1995, noting again that the suspicions of abuse were invalid. CYS closed the file without investigating whether any further injuries were sustained by the Fitzgerald children and without obtaining any medical records for the boys. On August 29, 1995, Stephen suffered a fatal seizure when Fitzgerald suffocated him with a pillow. The county coroner immediately initiated an investigation and reported that the death was suspicious and, as a result, ordered an autopsy. On August 30, 1995, CYS received a report that Stephen had suffered seizures in the past and had sustained a prior arm fracture. Ms. Runyon visited the Fitzgerald home the next day. She then requested the medical records of the Fitzgerald children and scheduled an additional home visit for September 12, 1995. However, despite the strong indicia of abuse, Ms. Runyon allowed Fitzgerald to reschedule the home visit for two weeks later and allowed Seth and his older brother to remain in her care. On September 12, 1995, the date of the cancelled visit, Fitzgerald attempted to suffocate Seth by placing a pillow over his face, thereby inducing a severe seizure. The next day, a team of CYS professionals removed the two remaining children from the Fitzgerald home.

The team opined that Stephen's death and the injuries suffered by the other two children could be the result of Munchausen Syndrome by Proxy.⁴ CYS continued to investigate the allegations of abuse and concluded that Seth was very vulnerable to abuse due to his young age. After reviewing the medical evidence and speaking both to Seth and Fitzgerald, CYS concluded that the incidences of abuse involving Seth's fractured arm, laceration to the head and attempted suffocation were founded.

After the children were removed from the home, CYS assumed control over their placement and medical care as well as the terms and conditions of their visitation with Fitzgerald. Fitzgerald was permitted supervised visitation with Seth until her parental rights were terminated and Seth was adopted by the Robbins.

On April 2, 1998, the Robbins filed the underlying suit in the Court of Common Pleas of Cumberland County, alleging a cause of action under 42 U.S.C. § 1983 for due process violations pursuant to the Fourteenth Amendment, violations of the Pennsylvania Constitution and various State tort law claims. Specifically, the Robbins contend that as a result of ongoing abuse by Fitzgerald, which CYS permitted and facilitated, Seth suffered severe and permanent physical and mental injuries. On May 19, 1998, CYS filed preliminary objections in the nature of a demurrer. By order dated January 15, 1999, the trial court sustained the preliminary objections and dismissed all claims against CYS. Rejecting the Section 1983 claim, the court held that the defendants had no duty to protect Seth from incidences of private violence. Further, the defendants did not create the danger which resulted in his injuries, nor formed a special relationship with him that would serve to draw the defendants into a federal civil rights claim. The court further rejected the claim for violations of the Pennsylvania Constitution under the same substantive due process analysis. Finally, with regard to the State tort law claims, the court held that Cumberland County, Cumberland County CYS and the individual CYS directors, administrators and caseworkers were protected by governmental immunity. This appeal followed. When reviewing a challenge to an order sustaining preliminary objections in the nature of a demurrer, we must determine whether on the facts alleged the law states with certainty that no recovery is possible. Anelli v. Arrowhead Lakes Cmty. Ass'n, Inc., 689 A.2d 357, 359 (Pa. Cmwlth.1997). We accept as true all well-pleaded allegations and material facts averred in the complaint, as well as inferences reasonably deducible therefrom, and resolve any doubt in favor of overruling the demurrer. Id. Preliminary objections calling for dismissal of a cause of action should be sustained only in cases that are clear and free from doubt. Id.

FEDERAL CIVIL RIGHTS CLAIMS

In Counts I through V of their complaint, the Robbins assert civil rights violations under 42 U.S.C. § 1983, alleging that CYS is responsible for the harm inflicted upon Seth by Susan Fitzgerald in violation of his constitutional right to substantive due process under the Fourteenth Amendment.⁵ Section 1983 provides a civil remedy for deprivations of federally protected rights caused by persons acting under color of State law. Anselma Station, Ltd. v. Pennoni Assoc., Inc., 654 A.2d 608, 612 (Pa.Cmwlth.1995) (citing Parratt v. Taylor, 451 U.S. 527, 535, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), rev'd on other grounds, Daniels v. Williams, 474 U.S. 327, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986)

). In determining whether plaintiffs have stated a cause of action under Section 1983, the inquiry must focus on whether the two essential elements of the action are present:

(1) whether the conduct complained of was committed by a person acting under color of state law; and (2) whether this conduct deprived a person of rights, privileges, or immunities secured by the Constitution or the laws of the United States.

Id. (quoting Parratt, 451 U.S. at 535, 101 S.Ct. 1908, 68 L.Ed.2d 420)...