Abdulsalaam v. Franklin County Bd. of Com'Rs, Case No. 06-CV-413.
| Decision Date | 23 July 2009 |
| Docket Number | Case No. 06-CV-413. |
| Parties | Hadiya ABDULSALAAM, et al., Plaintiffs, v. FRANKLIN COUNTY BOARD OF COMMISSIONERS, et al., Defendants. |
| Court | U.S. District Court — Southern District of Ohio |
Michael Garth Moore, Michael W. DeWitt, Chorpenning Good & Pandora Co. LPA, Columbus, OH, for Plaintiffs.
Patrick J. Piccininni, Arnold Paul Thies, Franklin County Prosecutor's Office, Columbus, OH, for Defendants.
This matter comes before the Court on the parties cross-motions for summary judgment. Plaintiffs, a mother and her three daughters, were separated for a year, during which time the children were placed in the custody of the Franklin County Children Services ("FCCS") due to allegations of educational neglect and physical abuse. Plaintiffs allege that the allegations of abuse and neglect were fabricated by the FCCS caseworker and were the result of racial discrimination by the caseworker and the agency. Defendants move for summary judgment on all counts. Plaintiffs move for partial summary judgment on the issue of whether Defendants can argue that the separation was reasonable. For the reasons explained below, the Court GRANTS in PART and DENIES in PART Defendant's motion and DENIES Plaintiff's motion.
Plaintiff Hadiya Abdulsalaam ("Hadiya") is an African-American mother of five. She has four daughters, Mandisa and Plaintiffs Makeba Kristos ("Makeba"), Meserete Kristos ("Meserete"), and Masika Kristos ("Masika"), and one son, Mandela Kristos ("Mandela").1 Hadiya and her children converted to Islam in 1996 when Hadiya married Naim Abdulsalaam ("Naim"), the children's step-father. At the time of the facts giving rise to this case, the family operated a small business selling items at street fairs and similar events.
The family became involved with FCCS in December of 2002, when Hadiya contacted the agency due to problems handling Mandela's behavior. (Spires Dep. 67-68.) By April 2003, Mandela was living in a Columbus, Ohio youth shelter. (Spires Dep. 67-68.) Later that month, he was placed in the temporary custody of FCCS and assigned to a foster home with Hadiya's consent because Hadiya refused to take him back into the house. (Spires Dep. 68.) Makeba, Meserete, and Masika were placed on a "voluntary protective services plan." A voluntary protective services plan is used when the family agrees to work with FCCS so that the agency can help provide services to the family. (Spires Dep. 75.) At that time, the case was assigned to Defendant Courtney Allensworth ("Allensworth")2, who was the case supervisor, and Defendant Amber Spires ("Spires"), who was the caseworker. Allensworth and Spires were both relatively new to their positions at FCCS.
According to Spires and her interview reports, Mandela and the girls reported physical abuse in the home. On April 17, 2003, FCCS intake notes report that Mandela claimed that on two occasions, Naim tied him to the rafters in his basement, stripped him naked, and beat him while his mother watched. (Pls.' S.J. Ex. 13, APX00178.) On May 8, 2003, Spires interviewed Makeba and Meserete outside of Hadiya's presence. Although Spires testified that only Makeba and Meserete were present for the interview, the written record of the interview indicates that all three girls were present. (Pls.' S.J. Ex. 13, APX00184.) According to Spires' interview notes, the girls confirmed Mandela's report of his beating and indicated that they were disciplined with a wooden dowel or paddle. (Spires Dep. 89-90.) According to the Spires, they also asked if they could remove their headscarves. (Id. at 94.) The interview notes further indicate that Meserete "reported that she did not like being Muslim and that she really does not like having to cover her head at all times." (Pls.' S.J. Ex. 13, APX 00184.)
According to Spires' May 8 and May 23 interview notes, Mandela continued to report additional instances of physical abuse, including that "he was beat by his stepfather on several occasions until he lost control of his bowels" and that his sisters were similarly beaten. (Pls.' S.J. Ex. 13, APX 00187-188.)
Meserete, Makeba, and Masika contradict much of that evidence. They testified that Masika was not present at the May 8, 2003 interview. (Makeba Dep. 16, Masika Dep. 18-19.) Meserete and Makeba testified that they did not ask to remove their headscarves at that interview and that they both told Spires that they liked practicing Islam. (Makeba Dep. 15; Meserete Dep. 28, 79, 82.) Meserete denies that Mandela was ever hung in the basement and beaten or that she ever told Spires that he was. (Meserete Dep. 18, 21.) Makeba and Masika testified that they did not remember such an incident occurring. They testified that when they were younger, approximately until age 8, they were spanked but that discipline was not physical after that age. Masika denied that corporal punishment was ever used in the house. (Masika Dep. 19.) Meserete also testified that she never said anything to Spires about physical abuse and that she did not tell Spires that she did not like being Muslim. (Meserete Dep. 23, 79-80.) Masika testified that there was no physical abuse in the household.
All three girls testified that they were not pressured to renounce their religion by Spires or anybody else at FCCS. Makeba and Meserete testified, however, that Spires brought up the issue of their religion. Makeba testified that Spires used a negative tone when she asked them about their religion.
On July 2, 2003, FCCS filed a complaint with the Franklin County Juvenile Court alleging educational neglect and dependency. It did not allege physical abuse of the children. According to the Complaint, the girls were "responsible for running the family business without adult supervision" and "work for long periods of time." The complaint goes on to allege that the children were responsible for all household chores, were not immunized, and did not receive updated medical care. It alleges that "Mother has indicated to [FCCS] that the children are being home schooled . . . [h]owever, [FCCS] has learned that the children were removed from the home school program through Columbus Public Schools." The April 23, 2003 interview notes, however, indicate that Masika was currently enrolled in public school and the May 8, 2003 notes report that Meserete told Spires she would be attending public school the next year and that Makeba would attend the year after that. (Pls.' S.J. Ex., APX00182, 00185.) Finally, and despite Spires interview notes recording a May 8 and June 6, 2003 unsupervised visit with the girls, the complaint states that Hadiya "has not allowed for the caseworker to visit with the children separately."
A week after the complaint was filed, the court granted temporary custody of Masika, Meserete, and Makeba to FCCS. On July 7, 2003 the girls were removed from Hadiya's home. Masika was placed in an emancipation program due to her age. Meserete and Makeba were placed in a Christian foster home. Hadiya objected to the placement and requested that the girls be placed in a Muslim foster home.
Following the girls' removal, Hadiya continued to attempt to have them placed with a Muslim Foster family. Lisa Upshaw-Haider, a Muslim woman who was in the process of completing foster parent training, contacted FCCS to offer her home as a placement for the children. Spires interview notes indicate that Upshaw-Haider was a friend of Hadiya's, but Hadiya denies this. Upshaw-Haider was licensed as a foster parent by Ohio on August 1, 2003. On August 11, 2003, Upshaw-Haider called Spires to inform Spires that she had been licensed. According to a letter written by Upshaw-Haider regarding the call, Spires told Upshaw-Haider that FCCS "did not want [the girls] in a Muslim foster home." (Pls.' S.J. Opp'n Ex. 33, APX00299.) The girls were never placed in Upshaw-Haider's care.3
Between July and August 2003, Hadiya complained that FCCS' actions were discriminatory. She complained to Selma Harrison, the FCCS Affirmative Action Officer and FCCS Ombudsman, Ken Cohen. Her complaints included that Makeba and Meserete were being taken to a Christian church by their foster family, that Makeba and Meserete were not being permitted to contact friends and church members,4 and that the FCCS refused to put Makeba and Meserete in Upshaw-Haider's custody.
On August 1, 2003, Naim, Hadiya, and her daughters met for a supervised visit. During the visit Naim read from the Koran. The visit was terminated abruptly. Spires claims that she ended the interview early because Naim began interpreting the Koran to comment on the case and that he claimed FCCS was trying to eradicate the Muslim religion. She also claims that at the as she tried to leave the room Hadiya grabbed her and she was forced to call security. Plaintiffs deny that Naim interpreted the Koran to comment on FCCS or the case. Makeba testified that Hadiya never put her hands on Spires. She also testified that the family was not permitted to pray together during visitations. (Makeba Dep. 45.)
In February 2003, Spires went on maternity leave. Shortly before she left, she claims to have received a call from Mandela at her home in which he reported that he had been recruited by his mother to kill Spires. Spires told Allensworth and John Saros ("Saros"), the Executive Director of FCCS, about the threat. When Saros learned of the threat on February 19, 2003, he removed Spires from the case and a new caseworker took over. In April 2003, Allensworth was taken off the case. In September of 2003,...
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