Reynolds v. Cnty. of San Diego

• Decision Date: 03 October 2016
• Docket Number: Civil No. 11cv1256 JAH (RBB)
• Citation: 224 F.Supp.3d 1034
• Court: U.S. District Court — Southern District of California
• Parties: Trevor REYNOLDS, et al., Plaintiffs, v. COUNTY OF SAN DIEGO, et al., Defendants.

224 F.Supp.3d 1034

Trevor REYNOLDS, et al., Plaintiffs,

v.COUNTY OF SAN DIEGO, et al., Defendants.

Civil No. 11cv1256 JAH (RBB)

United States District Court, S.D. California.

Signed October 3, 2016

Donnie R. Cox, Law Offices of Donnie R. Cox, Oceanside, CA, Paul W. Leehey, Law Office of Paul W. Leehey, Fallbrook, CA, for Plaintiffs.

Christopher John Welsh, David G. Axtmann, Caitlin E. Rae, San Diego, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT BRYSON'S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT [DOC. NO. 49], GRANTING IN ITS ENTIRETY DEFENDANTS MEDEIROS AND ZETMEIR'S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT [DOC. NO 52], GRANTING IN PART AND DENYING IN PART DEFENDANT COUNTY OF SAN DIEGO'S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT [DOC. NO. 55], GRANTING IN ITS ENTIRETY PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT [DOC. NO. 58], GRANTING IN PART AND DENYING IN PART PLAINTIFFS' EX PARTE JUDICIAL NOTICE REQUESTS [DOC. NOS. 137, 141]

INTRODUCTION

JOHN A. HOUSTON, United States District Judge

Pending before this Court are: (1) Defendant Maya Bryson's motion for summary judgment or partial summary judgment (doc. no. 49.); (2) Defendant Shari Medeiros and Zetmeir's motion for summary judgment or partial summary judgment (doc. no. 52); (3) Defendant County of San Diego's motion for summary judgment or partial summary judgment (doc. no. 55); and (4) Plaintiff Trevor Reynolds, Heather Reynolds, H.R., and R.R.'s motion for partial summary judgment against Defendant County of San Diego (doc. no. 58) on the following issues: (1) County's Policy of Forbidding Parents from Attending Their Child's Examination and Testing at Polinsky Violates the Parents' and H.R.'s Constitutional Rights; (2) The Physical Examination and Testing of H.R. in the Absence of Probable Cause, Court Order, or Exigency Violated the Constitutional Rights of the Plaintiffs; and (3) The 2007 Order Authorizing Health Assessments is Unconstitutional as a General Warrant. This Court heard oral arguments on the motions. After hearing argument by counsel, and a thorough review of the pleadings and exhibits filed, the Court: (1) GRANTS IN PART AND DENIES IN PART Defendant Maya Bryson's motion for summary judgment or partial summary judgment; (2) GRANTS IN ITS ENTIRETY Defendants Shari Medeiros and Zetmeir's motion for summary judgment or partial summary judgment; (3) GRANTS IN PART AND DENIES IN PART Defendant County of San Diego's motion for summary judgment or partial summary judgment; and (4) GRANTS IN ITS ENTIRETY Plaintiff Trevor Reynolds, Heather Reynolds, H.R., and R.R.'s motion for partial summary judgment.

BACKGROUND

I. Factual Background

On June 9, 2010, R.R.'s mother, Heather Reynolds left her two minor children, R.R. and H.R., in the care of their father, Trevor Reynolds. At the time, R.R. was six weeks old and H.R. was two years old.

When Heather returned home, she noticed that R.R. was fussy, and difficult to console. Heather took R.R. upstairs to change her diaper and noticed that R.R.'s right hip was at an odd angle. Trevor and Heather immediately took R.R. to Kaiser Permanente's Intermediate Care Services where X-rays were taken. The X rays revealed a displaced femur fracture to R.R.'s left leg. R.R. was transported to Kaiser Zion Hospital where Dr. Richard Newton, a pediatrician, diagnosed R.R. with a completely displaced left femur fracture. Dr. Newton determined the parents did not have an explanation as to how R.R. was injured. Consequently, Dr. Newton caused Kaiser to report the suspected child abuse to the County of San Diego Child Welfare Services. A child abuse detective with the County Sheriff was also contacted and advised of the incident.

That evening, the on-call social worker, Maya Bryson, investigated the allegations of suspected child abuse after receiving an emergency response referral form stating R.R.'s femur fracture resulted from suspected non-accidental trauma. Bryson consulted with Dr. Newton, Trevor, Heather, and her supervisor, Cheryl Berglund, the deputy sheriff, and the nurse who reported the matter on Dr. Newton's behalf during her investigation. Bryson noted the parents had no explanation for how the injury happened, Heather believed the injury occurred while she was out of the home, and Trevor did not make eye contact and seemed reluctant to answer questions. Dr. Newton could not provide Bryson any opinion on what caused the fracture. After Bryson discussed her findings with Berglund, Berglund decided that the County would use a hospital hold to take R.R. into protective custody. Just before midnight, Heather and Trevor were escorted from the hospital where R.R. was admitted. At 12:01 a.m. on June 10, 2010, Berglund placed a hospital hold on R.R. According to the Health & Human Services Child Welfare Service's Emergency Response Referral Information form, R.R. was due to be released from the hospital on or about June 11, 2010. Bryson presented Heather with a consent form to authorize medical treatment of H.R. and Heather signed the form.

After deciding to place R.R. on a hospital hold, Bryson and Berglund assessed whether to take H.R. into protective custody as well. At the time, H.R. was in the care of his maternal grandmother. In deciding to remove H.R. to the Polinsky Children's Center, Bryson and Berglund considered the severe injury to R.R., H.R.'s young age, H.R.'s inability to communicate to report whether he was being abused, and the possibility that the Reynolds' parents could be abusers. On June 9, 2010, at 11:00 p.m., County social worker, Kristie Campbell, and two police officers went to the home of Cathy Howland, R.R. and H.R.'s maternal grandmother, in Oceanside, California and removed H.R. from the home while the officers restrained the maternal grandmother by stepping between her and Campbell. H.R. was taken into protective custody at 11:45 p.m. and placed into Polinsky Children's Center at 12:20 a.m. on June 10, 2010. At approximately 2:00 a.m. on June 10, 2010, R.R.'s grandmother visited R.R. at Kaiser.

Thereafter, on June 10, 2010, County Social Worker Shari Medeiros and her supervisor, Laura Zetmeir, were assigned to take over the case from Bryson. Medeiros continued the investigation of the child abuse allegations by interviewing Trevor, Heather, and other family members. Trevor indicated he had no additional information to add concerning R.R.'s injury. Medeiros advised the parents that they could have supervised contact with their child.

On June 11, 2010, Medeiros obtained assistance from Dr. Marilyn Kaufhold, a child abuse expert at Rady's Children's Hospital. Dr. Kaufhold opined, "[t]he femur fracture is the result of trauma and is highly concerning for child abuse in this baby that otherwise seems to be a normal, healthy infant ... fractures do not occur in infants as a result of normal usual child care." (Doc. No. 70–1, p. 11.) Additionally, Medeiros spoke to Trevor and Heather over the telephone. Trevor confirmed that on morning of June 9, 2015, Heather went upstairs to change R.R. Heather opined that H.R. caused R.R.'s injury while Trevor was asleep on the couch, possibly by stepping on R.R., who was also on the couch.

On June 11, 2010, Medeiros initiated and filed the juvenile dependency petitions in the Juvenile Court of San Diego County. Medeiros summarized her investigation and attached key documents regarding her investigation in a detention report. A detention hearing was held on June 14, 2010. At the hearing, the court found that Defendants made a prima facie showing on the allegations contained in the petition. Specifically, the court found detention was necessary because of the substantial risk to the children's physical health. The court also found that continued care in the parents' home was contrary to the children's welfare. Medeiros arranged for the children to return to their own home by June 15, 2010 under the care of their paternal grandmother.

From June to August 2010, Medeiros continued to investigate the case as it went through the juvenile court process. Medeiros made contacts with the parents, family members, service providers, the investigating detective, doctors, the children, and her supervisor, Laura Zetmeir. She also prepared a jurisdiction report, the disposition report, and addendum report.

Plaintiffs allege Medeiros submitted Trevor's name to the Child Abuse Central Index ("CACI") for a substantiated allegation of severe neglect on June 21, 2010 and was not removed from the CACI until on or after September 22, 2010.

On June 30, 2010, Medeiros collected the medical history of the R.R. and H.R.'s parents and supplied it to Dr. Kaufhold. Dr. Kaufhold reviewed the parents' medical histories and wrote a letter indicating, "[w]hile I cannot dismiss the possibility of inflicted injury, I would recommend that [R.R.] have a genetics consult to consider the possibility of osteogenesis imperfecta ("OI," or brittle bone disease )." (Dr. Kaufhold's Letter, Doc. No. 70–6, p. 3.) Thereafter, Dr. Nunes, a pediatrician specializing in OI examined R.R. at Kaiser Hospital. Dr. Nunes opined that more than likely R.R. has OI, but it was just "one piece of the puzzle" and it was possible both OI and abuse could be present. (Doc. No. 89–7, p. 2.)

On July 23, 2010, Heather met with Medeiros to provide her with a medical report showing she had been diagnosed with OI. Heather advised Medeiros that she was anticipating a separate report from Dr. Nunes regarding the likelihood that R.R. had OI as well. On July 27, 2010, Dr. Nunes provided Medeiros his report indicating that it was likely that R.R. had OI as well.

On July 28, 2010, the Juvenile Court held a settlement hearing. Medeiros contends that Dr. Nunes' findings of OI were discussed. Plaintiffs contend Medeiros deliberately concealed this exculpatory evidence from the Court. The hearing was continued until August 18, 2010.

On July 30, 2010, Heather was...