Hayes v. Erie County Office of Children and Youth, Civil Action No. 06-234 Erie.

• Decision Date: 29 June 2007
• Docket Number: Civil Action No. 06-234 Erie.
• Parties: Charles HAYES, et al., Plaintiffs, v. ERIE COUNTY OFFICE OF CHILDREN AND YOUTH, et al., Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

497 F.Supp.2d 684

Charles HAYES, et al., Plaintiffs, v. ERIE COUNTY OFFICE OF CHILDREN AND YOUTH, et al., Defendants.

Civil Action No. 06-234 Erie.

United States District Court, W.D. Pennsylvania.

June 29, 2007.

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Paul J. Susko, The Gideon Ball House, Erie, PA, for Plaintiffs.

Edmond R. Joyal, Jr., Law Office of Joseph S. Weimer, Pittsburgh, PA, Wallace J. Knox, Erie, PA, for Defendants.

MEMORANDUM OPINION

McLAUGHLIN, District Judge.

Plaintiffs, Charles Hayes and Victoria L. Hayes, bring this suit as Administrators of the Estate of Brittany Legler, a mentally disabled 15 year-old girl who was killed at the hands of her adoptive mother, Lisa Iarussi, in 2004. The Defendants are the Erie County Office of Children and Youth ("OCY"), its Executive Director, and various supervisors, caseworkers, and employees of the agency, all of whom are sued in their individual and official capacities. Among the claims that Plaintiffs have asserted against these individuals and OCY are claims under 42 U.S.C. § 1983¹ for the alleged violation of Brittany Legler's federal substantive due process rights, claims under Pennsylvania state law for negligence per se and gross negligence, and a survival action under Pennsylvania Survival Act, 42 Pa.C.S.A. § 8302. We have jurisdiction over Plaintiffs' claims pursuant to 28 U.S.C. §§ 1331, 1343(a)(3), and 1367.

Defendants have filed a motion to dismiss the complaint under Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, this motion will be granted in part and denied in part.

I. STANDARD OF REVIEW

Rule 12(b) (6) of the Federal Rules of Civil Procedure allows a complaint to be "dismissed for failure to state a claim upon which relief can be granted." Fed. R.Civ.P. 12(b)(6). The rule seeks to screen out claims for which there is clearly no remedy or which the plaintiff has no right to assert; thus, a complaint should not be dismissed under the rule "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." K.J. ex rel. Lowry v. Division of Youth and Family Services, 363 F.Supp.2d 728, 737-38 (D.N.J.2005) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). The issue is not whether the plaintiff will ultimately prevail, but whether he is entitled to offer evidence to support his claims. Id. at 738 (citation omitted). In reviewing a motion brought under Rule 12(b)(6), we are required to accept as true all of the allegations in the complaint and all reasonable inferences that can be drawn therefrom and view them in the light most favorable to the plaintiff. Morse v. Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir. 1997) (citation omitted). With the foregoing standard in mind, we recite the relevant factual allegations as set forth in the Complaint.

II. BACKGROUND

Brittany Legler, a mentally disabled girl, was removed from her parents' home by OCY officials and placed in foster care because the agency had concerns about whether the girl's parents had the means to care for Brittany and her siblings. (Complaint ¶¶ 18-19.) Brittany was borderline mentally retarded and she attended the "life skills" program at her local school district, which is designed for children with an IQ of 70 or less. (Id. at ¶ 40.) Subsequently, OCY was involved in placing Brittany with her adoptive mother, Lisa Iarussi, a mentally challenged adult. (Id. at ¶¶ 19, 21.) Prior to OCY's placement of Brittany with Iarussi, various individuals, including Brittany's foster mother and her relatives, had expressed concerns about Iarussi's fitness as a parent. (Id. at ¶¶ 21, 41.)

On May 9, 2004, Brittany died in the home of Iarussi as the result of cumulative physical abuse. (Complaint at ¶ 4.) An autopsy revealed that Brittany had sustained 212 cuts and bruises, a cauliflower ear with chronic scarring caused by, repeated trauma, scarred tissue to the lower lip caused by repeated trauma, a previously broken rib, and internal damage. At the funeral home, people who knew Brittany did not recognize her. (Id. at ¶ 29.) Iarussi pleaded no contest to charges of aggravated assault and endangering the welfare of children in connection with the events leading to Brittany's death. Her paramour, Linda Fisher, who also resided at the home, pleaded guilty to endangering the welfare of a child. (Id. at ¶¶ 53-54.)

In the thirteen months leading up to Brittany's death, various individuals — including nurses, teachers, aides, and other Millcreek School District employees — had contacted OCY or a child-abuse hotline at least ten times concerning incidents of suspected physical abuse of Brittany. (Complaint ¶ 22.) Among the concerns reported were bruises, frequent absenteeism, a chronically split lip, a cut to the back of the head, and heavy makeup meant to mask black and blue marks to her face. (Id. at ¶ 23.)

OCY received the first report of suspected abuse in April 2003, and the investigation as to this report was closed in June of 2003. (Complaint ¶ 24.) Thereafter, OCY received eight confirmed complaints of abuse concerning Brittany, prompting a second OCY investigation which commenced on February 10, 2004. (Id. at ¶ 25.) Following the commencement of this second investigation, OCY received two other confirmed reports of suspected abuse, one of which occurred approximately a month before Brittany's death. (Id. at ¶ 26.) The final re port of suspected abuse occurred prior to April 27, 2004, when the second investigation was closed. (Id. at ¶ 27.) Despite these reported incidents, OCY personnel failed to ever conduct a face-to-face interview or meet with the school district personnel who had made the reports. (Id. at ¶ 28.)

In 2000, the consulting firm of Hornby Zeller Associates, Inc. was commissioned by the County of Erie at a cost of $99,000.00 to perform a study of OCY's operations. (Complaint ¶ 42.) The report, issued in September 2000, stated in part as follows:

This is ... an agency where staff feel as though they are in crisis. They describe their caseloads as insupportably high, they worry that the workload will get worse as turnover increases and they feel they are receiving inadequate support from the superiors. It is an agency where there is a great deal of respect for the director but where respect for anyone else has been eroded by the small jealousies and rivalries that often characterize closely knit families. In sum, OCY is any agency whose current performance is more than adequate but whose future capacity may be in doubt.

The larger problems lie ... not with casework performance but with the way staff treat each other and with their overall attitude toward the agency. A large proportior of the staff have been at the agency a very long time. This is especially true of the more senior staff. As one observes the interactions, it sometimes appears as though they treat each other like family members, with the affection, the jealousies and the animosity that can be associated with familial relationships. With such a strong sense of familiarity, the agency tends to run on the basis of relationships and personalities rather than on the basis of the organizational structure....

In brief, the organization has disenfranchised its supervisory staff and is characterized by too much division and animosity both among the units and among levels of staff.

(Id. at ¶ 43 (emphasis as in the Complaint).) This report authored by Hornby Zeller was hidden by OCY and its supervisors from the public and from County Council. (Id. at ¶¶ 44.)

Pursuant to 42 Pa.C.S.A. § 6377, the Pennsylvania Child Protective Services Act, the Pennsylvania Department of Public Welfare ("DPW") is required to establish staff-to-family ratios for OCY. (Complaint at ¶ 32.) At all times material to this case, OCY was not in compliance with the staff-to-family ratio regulations established by DPW. (Id. at ¶ 33.)

In 2005, DPW completed a review of OCY's handling of the multiple reports of abuse involved in Brittany's case. The Department found that OCY had violated the law with respect to at least four specific DPW regulations. (Complaint at ¶ 34 and Ex. A.) Among other things, OCY had failed to complete a risk-assessment report of suspected abuse within sixty days, failed to make direct contact with school district workers and other individuals who had direct knowledge concerning Brittany, and failed to include a safety plan detailing those issues that OCY was reviewing in determining Brittany's safety within her home. (Id. at ¶¶ 35-37 and Exhibit A.)

In January 2006, the Child Welfare League of America issued a report at the request of the County of Erie, which had hired the League to study OCY, perform a review, and make recommendations. (Complaint ¶ 45.) That report contained the following findings For a number of years there have been role conflicts and a culture of disrespect at OCPS [Office of Child Protective Services, formerly known as OCY] that detracts from the ability of the agency to carry out its mission.

A respectful working environment is key to a healthy organization. OCPS should implement a zero tolerance policy for disrespectful behavior at any level of the organization. Zero tolerance for disrespect does not mean there are no differences of opinion, or that sometimes management makes decisions that staff must abide by. It does mean staff at all levels of the organization should have the opportunity to be heard and understood, regarding issues related to them, and staff are actively engaged in developing solutions to promote an effective organization.

We believe that OCPS is at a critical juncture. Factors related to workload increases, staff turnover and organizational culture have coalesced to a point of crisis....

In summary, lack of strong and clear management structure, lack of integrity in role functions and staff perceptions or inequity and injustice in...