Merritt for Merritt v. State

• Decision Date: 05 February 1985
• Docket Number: No. 15043,15043
• Citation: 696 P.2d 871,108 Idaho 20
• Parties: Walter MERRITT, Guardian ad Litem, for Deborah Ann MERRITT, a minor, Plaintiff-Respondent, Cross-Appellant, v. STATE of Idaho, Defendant-Appellant, Cross-Respondent.
• Court: Idaho Supreme Court

Page 871

696 P.2d 871

108 Idaho 20

Walter MERRITT, Guardian ad Litem, for Deborah Ann MERRITT, a minor, Plaintiff-Respondent, Cross-Appellant, v. STATE of Idaho, Defendant-Appellant, Cross-Respondent.

No. 15043.

Supreme Court of Idaho.

Feb. 5, 1985.

Michael E. Ramsden, of Quane, Smith, Howard & Hull, Boise, for defendant-appellant, cross-respondent

Thomas A. Mitchell, and Michael J. Vrable, Coeur d'Alene, for plaintiff-respondent, cross-appellant.

DONALDSON, Chief Justice.

Walter Merritt initiated this action against the State of Idaho and Bonner County as guardian ad litem for his daughter Deborah. He alleged that they were negligent, first, in allowing Deborah to be confined in an inappropriate detention facility and, second, in allowing her to be subjected to an alleged assault while so confined. Bonner County settled prior to trial. The case was tried to a jury. The jury returned a special verdict finding the State of Idaho 75% negligent and Bonner County 25% negligent. Damages were assessed at $100,000.00. This appeal followed.

On appeal the State of Idaho contends: (1) that it is immune from liability under I.C. §§ 6-904(1) and (4); (2) that it was entitled to a directed verdict on the issue of negligence; and (3) that it is entitled to a new trial based on any of the following: the trial court's admission of prejudicial testimony, the trial court's failure to instruct the jury on Deborah's contributory negligence, jury misconduct, or excessive damages. Because we hold that the State of Idaho was not negligent, as a matter of law, and thus, that the trial court's judgment must be reversed, we do not address the rest of the State's contentions.

The State of Idaho, Department of Health & Welfare (the Department) first became involved with Deborah Merritt in 1977. Deborah's parents were divorced in 1975 and she lived with her father. Deborah's relationship with her father was troubled and she ran away from home repeatedly. The Department pursued various placements for Deborah including protective supervision at home, placement with her natural mother, and placement in foster homes. On December 5, 1978, Deborah was found in the Sandpoint Bowling Alley carrying a notarized letter, signed by her father, stating that he denied all responsibility for her care or actions. Deborah was eleven years old at the time. Following this incident, Deborah was placed in the legal custody of the Department for one year. Prior to the expiration of the custody order, Deborah was returned to her father's home on a trial basis. Her relationship with her father seemed to improve and she remained at home following the expiration of the custody order. However, the situation at home again deteriorated and on February 15, 1980, Deborah ran away and was at large until February 19 when she turned herself in to the Bonner County Sheriff's Office asking to be placed in detention. She was held in jail overnight and returned to her father's custody the next day. On February 21, 1980, Deborah ran away again. Deborah's father did not file a runaway report and it was not immediately known that she was missing.

On March 3, Deputy Prosecutor Phil Robinson filed a motion with an accompanying affidavit by Allen Koski, a Department social worker, asking the court to enter an order of temporary shelter for the still missing Deborah. An order directing that Deborah be placed in foster care was signed on March 4. Deborah was finally located on March 7 and was placed in a foster home. She had been living with a 21-year-old male during the period that she was missing.

Pursuant to I.C. § 16-1614 and Rule 8 of the Idaho Juvenile Rules, a shelter care hearing to determine whether Deborah should remain in the custody of the Department was scheduled for March 10. However, because Walter Merritt was not served with notice of the hearing, it was continued until March 12. On March 10, the magistrate, anticipating that Deborah might not appear at the hearing, issued a supplemental order which provided in part:

"If Deborah Merritt shall for any reason without prior authority and authorization from the Department of Health and Welfare leave said shelter care placement or home prior to the adjudication of On March 11, Deborah skipped school and failed to return to her foster home. On March 13, Koski discovered that she was at a local motel with an adult male. Deborah was then picked up by the Sandpoint Police and handed over to the custody of the Bonner County Sheriff to be detained in the Bonner County Jail pursuant to the March 10 Order.

the above-entitled matter and hearing on the same, the same shall be grounds for contempt. Upon notification of the same a peace officer of the State of Idaho or subdivision thereof shall take into custody the said Deborah Merritt and place her in the juvenile detention facilities at the Bonner County Jail or the most accessible jail or detention facilities available to said law enforcement agency. Further, upon the occurrence of the above, said child shall not be released from detention until further order of this Court.

Pursuant to I.C. § 16-1811 and Rule 17 of the Idaho Juvenile Rules, a hearing was held on March 14 to determine whether Deborah should remain in detention. Social worker Warren Middlemist, the Department's representative at the hearing, recommended that Deborah be placed back in foster care. Deborah was present at the hearing and was represented by counsel. When questioned by the magistrate, she stated that she would run away if she were returned to her father or placed in foster care and that she preferred to remain in jail.

Under Rule 17, the court may order a child to be held in detention under the following circumstances:

"(1) when the child has run away from his parents, guardian or legal custodian and the court has reason to believe that said child will remain away from his parents, guardian or legal custodian during the pendency of the proceedings, and that such absence from his parents, guardian or legal custodian would be detrimental to his welfare; or

"(2) the court has reasonable grounds to believe that the child will not appear before the court or its officers at such time as the court may order; or

"(3) the court has reasonable grounds to believe that said child will, during the pendency of the juvenile proceeding, be subjected to an environment or to persons whose effect upon said child would be injurious to said child's welfare, [;] or

"(4) the court has reasonable grounds to believe that release of said child would endanger said child or society." I.J.R. 17 (1980).

Based on the foregoing rule, the magistrate issued an Order of Detention providing that Deborah was to remain in the custody of the Bonner County Sheriff pending further proceedings. Walter Merritt was present at the hearing and consented to Deborah's remaining in detention at the county jail. The magistrate made the following Findings of Fact and Conclusions of Law in support of his decision to continue Deborah in detention:

"1. The above-named child has failed to appear for previous hearings set before this Court, and specifically on March 12, 1980.

"2. The above-named child has presently run away from her parent, Walter Merritt, and the Court has reason to believe that said child would remain away from her parent during the pendency of these proceedings.

"3. The above-named child has run away from the previous shelter home, the home of Sandy Belote, and the Court has reason to believe that the child would not remain in a foster care home pending further proceedings, but that said child would likely run away from a temporary shelter home.

"4. The Court believes that the child will not appear before the Court at such time as the Court may order future hearings herein.

"5. The Court has reasonable grounds to believe that the child, during the pendency of these proceedings will be subject to an environment and persons whose effect upon said child would be injurious to the child's welfare."

The magistrate scheduled an adjudicatory hearing (I.C. § 16-1608) for March 26 to determine whether Deborah was within the purview of the Child Protective Act (CPA). At that hearing the magistrate found that Deborah was within the purview of the CPA and that her custody should be vested in the Department. On March 28, 1980, a decree was entered vesting Deborah's custody in the Department for a period of not to exceed one year from the date of entry. Since it was not possible for the Department to place Deborah immediately, it was further ordered that Deborah be detained at the Wallace Regional Detention Facility pending placement by the Department. The Bonner County Sheriff's Office was ordered to transport Deborah to Wallace. Deborah was transported by the sheriff's office on March 31.

In the meantime, Deborah remained in the Bonner County Jail where she was housed in a cell designed for adult prisoners. She had no access to a radio or television and testified that she did not recall receiving any reading material. An adjacent cell contained adult offender Richard Hendrickson, charged with aggravated assault and rape.

During the evening of March 26, after the adjudicatory hearing, Deborah's toilet overflowed. The jailer released her from her cell and told her to clean up the mess. He then left her unsupervised in direct contravention of the jail's written policy which required that a deputy or jailer had to be in the cellblock at any time a prisoner was out of his or her cell. According to Deborah, as she was returning to her cell after emptying the mop bucket, Hendrickson called out to her and offered her a cigarette. She testified that she walked up to his cell door and that he reached through the door opening with one arm and grabbed her cover-alls. He then used the same arm to reach into her cover-alls and fondle her breasts. Deborah testified that the incident lasted for two or three minutes and that she...