Richardson v. 1605 E. 2ND Ave.
| Decision Date | 18 November 2015 |
| Docket Number | Case No. 2:10-cv-00648-BLW |
| Court | U.S. District Court — District of Idaho |
| Parties | SAMANTHA RICHARDSON, the natural mother of decedent K.M.; A.M., sibling of decedent K.M.; S.M., sibling of decedent K.M.; and KARIN ROGERS, the maternal grandmother of K.M.; and the estate of K.M., Plaintiffs, v. The IDAHO DEPARTMENT OF HEALTH AND WELFARE, a political subdivision of the state of Idaho; STACEY WHITE, personally and in her official capacity; JENNIFER DUNCAN, personally and in her official capacity; JEREMY M. CLARK and AMBER M. CLARK and the marital community; John Doe 1 and John Doe 2 and others to be named hereafter; and the real property located at: 1605 E. 2nd Avenue, Post Falls, Idaho, legally described as: Lot 3 Block 6, RIVERVIEW PARK ADDITION AT POST FALLS, Kootenai County, State of Idaho, according to the plat recorded in Book "D" of Plats, Page 161, records of Kootenai County, Idaho., Defendants. |
K.M., a two-year old child, died while in the care of her foster parents, Jeremy M. Clark and Amber M. Clark. The medical examiner who investigated K.M.'s death concluded that her death was "un-natural" and classified her death "as homicide." Before K.M. died, K.M.'s mother, Plaintiff Samantha Moore,1 pleaded with K.M.'s case workers, Defendants Stacy White and Jennifer Duncan, to remove K.M. from the Clarks' care because Moore believed the Clarks were abusing K.M. Tragically, K.M. was not removed from the Clarks' care. Now, K.M.'s family, the plaintiffs in this action, claim that White and Duncan are responsible for K.M.'s death.
Before the Court is Defendants' Motion for Summary Judgment (Dkt. 96). The Court heard oral argument on September 1, 2015, and took the matter under advisement. For the reasons set forth below, the Court will grant in part and deny in part Defendants' Motion for Summary Judgment.
Plaintiff Samantha Moore is the biological mother of three children, A.M., S.M., and the deceased child, K.M., who were removed from Moore's care in November 2008 and placed in the custody of foster parents, Amber and Jeremy Clark. Def's SOF ¶ 1. K.M.'s maternal grandmother, Karin Rogers, the Estate of K.M., and K.M.'s siblings,A.M. and S.M. are also plaintiffs in this matter. Id. ¶ 2.
K.M. was two years old when she was placed in foster care. Shortly before her placement in foster care, on October 22, 2008, Moore completed a 24-month and 27-month assessment for K.M. Watson Aff., "Ages & Stages Questionnaires, Ex. C, Dkt. 106-3. According to those assessments, K.M. was doing well in all assessed areas. Watson Aff., "Ages & Stages Questionnaires, Ex. C, Dkt. 106-3. Moore believes that, at the time of removal, K.M. was perfectly healthy. Defs' SOF ¶ 7.
Defendant Stacy White was the primary case worker for the Idaho Department of Health & Welfare ("IDHW") in making decisions regarding the sheltering of A.M., S.M., and K.M. Defendant White held that position until January 5, 2009. Defs' SOF ¶ 4. 5. On January 5, 2009, primary responsibility for the matter was transferred to Defendant Jennifer Duncan. Id. ¶ 5. Moore visited her children three times, at an IDHW facility, between the date of removal, on November 19, 2008, and the date of K.M.'s injury seven weeks later, on January 7, 2009. Id. ¶ 4.
The first visit occurred on December 11, 2008. White Aff. ¶ 19. White and Kimberly Hushman, who was serving as the guardian ad litem for the Moore children through the CASA (Court Appointed Special Advocate) program, were present at the visit. Defs' SOF ¶ 16. Moore noticed a knot on K.M.'s head and was told K.M. slipped on icy steps, which resulted in the knot. Defs' SOF ¶ 18. No one else present at the visit noticed the knot on K.M.'s head. Def's SOF ¶ 22.
Also during the visit, K.M.'s brother, S.M., reported that he witnessed Jeremy Clark spank K.M. White told Moore that she doubted that happened because the IDHW has a clear policy against corporal discipline by foster parents. White also told Moore she would look into the situation, which she apparently did and apparently found no evidence that K.M. had been spanked by the Clarks. White Aff. ¶ 19. Moore did not think White conducted an adequate investigation. Pls' Obj. to Defs.' SOF, p. 4, Dkt. 107
The second visit occurred a week later, on December 17, 2008. At this visit, Moore noticed what she described as a "goose egg" on K.M's forehead. Def's SOF ¶ 33. White described the bruise as about the size of a quarter, not raised, and with no broken skin around the bruise. Id. According to Moore, she told White that "something's not right, and she doesn't ever get bumps or bruises on her face, and I want[] my kids out of [the Clark house]," and White responded that she would look into it. Id. ¶ 34. Rogers recalls observing a bruise on K.M.'s arm, as well as observing that K.M. appeared dehydrated and to have lost weight. Id. ¶ 35.
White agrees that Moore expressed concerns about K.M.'s bruise on her forehead, as well as K.M.'s behavior during the visit. White explained to Moore that K.M. had apparently been sick, and was awake during the previous night with a runny nose and cough. Id. ¶ 36. White also spoke with Amber Clark about the bruise, and Clark apparently explained that K.M. had collided with one of Clark's children. White maintains that she verified the story by locating a similar bruise on the head of the Clark child. Id. ¶ 37. Moore, however, maintains that none of the contemporaneous records ornotes supports White's assertion that she "verified the story." Richardson (aka Moore) Aff. ¶ 12. Moore did not think the story made sense. Id.
The third visit occurred another week later on December 24. Moore reports that K.M. had black eyes, scratches on her neck, and was lethargic and sleepy. Moore also maintains that K.M.'s speech was starting to slur. Defs' SOF ¶ 40. Rogers also reported that K.M. had two black eyes, appeared thin, and would not answer questions. Id. ¶ 41.
White likewise noted that K.M. appeared sick with a runny nose and bags under her eyes. Id. ¶ 42. White also observed that K.M. had another single bruise on her forehead area and a scratch on her neck. The bruise was in a different location than that which she observed a week earlier, on December 17. According to White, it was about the size of a quarter, not raised, and there was no broken skin at or around the bruise. Id. ¶ 43. White questioned Amber Clark about the bruise, and Clark informed White that K.M. was slamming her head on the ground when she was upset. Amber Clark also told White that K.M. was awkward on her feet and appeared to fall down a lot. Id. With respect to the scratch, Amber Clark said that K.M. was scratched by the family's puppy when K.M. tried to pick it up. Id. Moore acknowledges that K.M. would hit her head on the floor but says she never suffered bruising or other injury. Richardson (aka Moore) Aff. ¶ 13.
Following this third visit on December 24, White took her Christmas vacation starting on December 25, 2008, and through the next week. She returned to the office onMonday, January 5, 2009. Defs.' SOF ¶ 47. That morning, White faxed a referral to Erin Yinger at A New Hope Social Services, P.L.L.C., requesting that S.M. and K.M. receive an evaluation. Id. ¶ 48. Yinger was not in the office, but responded the following morning, on January 6. Id. White and Yinger agreed that K.M. would be evaluated for adjustment reaction and, potentially, autism. Id. Moore was apparently baffled by White's decision to refer K.M. for an assessment as K.M. had been recently assessed as part of the Head Start Program at both 24 and 27 months, and she had tested within the normal range. Richardson (aka Moore) Aff. ¶ 13.
In addition to speaking with Yinger about the assessment, White also called Amber Clark to arrange a visitation for Moore with the children. Clark told Moore that K.M. had fallen down a couple of stairs but was uninjured. White instructed Clark to install gates for the stairs, which the Clarks were required to have. Neither White nor any other IDHW worker confirmed the gates had been installed. Defs. SOF ¶ 49.
On that same day, the case was transferred from White to Defendant Duncan, who had no knowledge of, or interaction with, Moore or her children prior to the case transfer. Id. ¶ 50. Two days later, Duncan met with White to discuss the case. White told Duncan that Moore had expressed concerns regarding the treatment of K.M. at the Clark home. White told Duncan that she had questioned the foster mom regarding bruising and received what she characterized as credible explanations. White also told Duncan that she had become concerned about K.M.'s development and had therefore referred K.M. to theInfant Toddler Program for an evaluation, even though K.M. had recently been treated at Lakeside Pediatrics and no developmental issues were noted. Id. ¶ 52.
Later that day, Duncan also spoke with Moore by telephone. Moore told Duncan that she had concerns regarding her children's treatment at the Clark home. Moore was concerned about the change in behavior of K.M. and the bruises she had seen on K.M. Duncan explained that Stacy White had informed her of the situation and she would be open to moving the children if it was appropriate. Id. ¶ 53.
Duncan did not have the opportunity to move the children because that evening, on January 7, 2009, K.M. sustained the injuries that caused her death. The Clarks said she fell down the stairs. The Spokane County Medical Examiner's office found ...
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