Ex Parte Sumerlin
Citation | 26 So.3d 1178 |
Decision Date | 26 June 2009 |
Docket Number | 1080520. |
Parties | Ex parte Yvonne SUMERLIN. (In re Doris Williford, as the personal representative of the estate of Austin Taylor Terry, deceased v. Susan Toole et al.). |
Court | Supreme Court of Alabama |
Sharon E. Ficquette, gen. counsel, and Felicia M. Brooks, staff atty., Department of Human Resources, for petitioner.
Ted Taylor, Leah O. Taylor, and Rhonda P. Chambers of Taylor & Taylor, Birmingham; J. Gusty Yearout of Yearout & Traylor, P.C., Birmingham; and William A. Short, Bessemer, for respondent.
On Application for Rehearing
This Court's opinion of April 24, 2009, is withdrawn, and the following is substituted therefor.
Yvonne Sumerlin petitioned this Court for a writ of mandamus directing the Jefferson Circuit Court to enter a summary judgment in her favor on the ground that she is entitled to State-agent immunity in a wrongful-death action pending against her and others. We grant the petition and issue the writ.
On Friday, September 6, 2002, the mother of Austin Taylor Terry1 admitted 12-month-old Terry, who had bruises on both sides of his face, both ears, his neck, and his clavicle area, to the Children's Hospital of Alabama. Wanda Hawkins, a medical social worker at Children's Hospital, notified the Jefferson County Department of Human Resources ("DHR") of Terry's injuries and reported to the intake worker that Terry had suffered "suspicious non-accidental injuries"; as part of the initial-intake information, the intake worker designated the case as one requiring an "immediate" response. Hawkins also spoke with Sumerlin, a service supervisor at DHR. According to Hawkins, she told Sumerlin that Terry should not be allowed to go home with his mother until DHR could conduct an investigation because she suspected child abuse and neglect based on the nature of Terry's injuries and his mother's "flat affect," i.e., her nonresponsive attitude.
Sumerlin did not have an investigator available on September 6, 2002, to immediately investigate the suspected abuse. Sumerlin, however, confirmed that Terry could remain at Children's Hospital, a protective environment, until Monday, September 9, when the situation could be investigated. Sumerlin requested that the hospital contact DHR before discharging Terry.
That same day, Terry's father learned of Terry's hospitalization and contacted DHR. Because he telephoned the DHR office after office hours, his call was forwarded to an on-call DHR service worker, Tammie Godfrey. After speaking with Terry's father, Godfrey went to Children's Hospital. At the hospital, Godfrey met with Terry's father and helped police officers take photographs of Terry. Godfrey also talked with Terry's mother. Godfrey learned that Terry's mother and Chris Wesson, her boyfriend, had been in the house with Terry on the day Terry was injured. According to Terry's mother, Terry had fallen out of his crib. Godfrey concluded that Terry should not go home with his mother upon his discharge from Children's Hospital, and she informed the police of her conclusion. She summarized her findings in a report and submitted it to an administrative assistant at DHR.
On Monday, September 9, 2002, Sumerlin assigned the investigation of Terry's suspected abuse to Joann Hood. During Sumerlin's deposition, she was asked why she did not assign a caseworker to Terry's case immediately on Friday, September 6. She responded:
That same day, Monday, September 9, Cindy Deerman, a medical social worker at Children's Hospital, telephoned DHR and spoke with Sumerlin to find out DHR's plan for Terry. Sumerlin, who had not received Godfrey's report, informed Deerman that Terry could go home with his mother at discharge and that Hood would meet Terry and Terry's mother at their house. The materials indicate that Terry was discharged from Children's Hospital at 1:30 p.m. on Monday, September 9.
On September 10, 2002, at approximately 10:00 a.m., Hood visited Terry and his mother at their house. Wesson was in the house at the time of Hood's visit. Hood interviewed Terry's mother and Wesson. She also telephoned Martha Musso, Terry's great-grandmother. During the visit, Wesson and Terry's mother showed Hood Terry's crib. Wesson and Terry's mother explained that something was wrong with the rail on the crib because it would come off track and fall down. They stated that Terry had been injured when he fell out of the crib. Hood observed the bruise on the right side of Terry's face and the blotches on his jaw area. She concluded that Terry's injuries were consistent with his having fallen out of the crib. Hood told Terry's mother to acquire another crib, and she had Terry's mother and Wesson place the side of the crib with the broken rail against the wall to prevent future falls until they could acquire another crib. Hood determined, based on her initial investigation, that it was safe to leave Terry in his mother's care.
On November 3, 2002, Terry died from brain injuries caused by punches to his head inflicted by Wesson. Wesson is currently serving a 20-year sentence for manslaughter as a result of Terry's death.
The materials before us indicate that Sumerlin admitted that intake information relevant to Terry's suspected abuse "fell through the cracks." She stated that Hood reported her initial investigation findings to Sumerlin and that based on the information she had she agreed with Hood's recommendation that Terry stay in the home with his mother.
Doris Williford, as personal representative of Terry's estate, filed a wrongful-death action against Sumerlin, in her individual capacity, and others, including Susan Toole, the child-welfare administrator for DHR. In the complaint, Williford alleged that Sumerlin negligently and wantonly violated duties she owed Terry, who, as a victim of child abuse, was in need of the State's protection. Specifically, Williford alleged that Sumerlin negligently and/or wantonly violated applicable standards of care in child welfare:
Sumerlin answered, denying the material allegations of the complaint and asserting the defense of State-agent immunity. After some discovery was conducted, Sumerlin moved for a summary judgment, arguing that she was entitled to State-agent immunity because, she said, her duties were supervisory in nature and she had not acted beyond her authority by violating any DHR policies. She maintained that Williford could not provide any evidence indicating that Sumerlin had "failed to follow applicable law or departmental rules, practices, or procedures or that [she] acted outside her authority as an employee of [DHR]." Additionally, she asserted that Williford could not provide any evidence indicating that Sumerlin had "acted willfully, maliciously, fraudulently, in bad faith, beyond her authority, or under a mistaken interpretation of law."
Williford responded, arguing that Sumerlin was not entitled to State-agent immunity because, she said, Sumerlin had acted "beyond her authority" or "under a mistaken interpretation of the law" by failing to follow established policies in the Child Protective Services Policies and Procedures Manual (hereinafter "the DHR manual") and to ensure that Hood followed those requirements. Specifically, she alleged that Sumerlin failed to follow the following two policies regarding intake and initial assessment in cases of suspected child abuse or neglect:
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Hood v. McElroy
... ... The claims against all the defendants except Wesson and Hood were disposed of before trial. See Ex parte Children's Hosp. of Alabama, 931 So.2d 1 (Ala.2005), and Ex parte Sumerlin, 26 So.3d 1178 (Ala.2009), for additional factual background ... ...
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Hood v. McElroy, 1091075
...and Hood were disposed of before trial. See Ex parte Children's Hosp. of Alabama, 931 So. 2d 1 (Ala. 2005), and Ex parte Summerlin, 26 So. 3d 1178 (Ala. 2009), for additional factual background. The estate proceeded to trial against Wesson, who is currently serving a 20-year prison sentence......
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