Walsh v. Erie County Dept. of Job and Family Serv.
| Citation | 240 F.Supp.2d 731 |
| Decision Date | 22 January 2003 |
| Docket Number | No. 3:01CV7588.,3:01CV7588. |
| Parties | Paul WALSH, et al., Plaintiffs, v. ERIE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES, et al., Defendants. |
| Court | U.S. District Court — Northern District of Ohio |
Kurt D. Anderson, Fauver, Tattersall & Gallagher, Elyria, OH, for Plaintiffs.
Gary A. Lickfelt, Sandusky, OH, Joan C. Szuberla, Spengler Nathanson, Toledo, OH, Terry R. Griffith, Office of the Prosecuting Attorney, Sandusky, OH, Hilary S Taylor, Weston, Hurd, Fallon, Paisley & Howley, Gary A. Vick, Jr., Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, for Defendants.
AMENDED ORDER
This is a civil rights case arising from the search of the home of the plaintiffs, Paul and Linda Walsh, who bring individually and as parents on behalf of their six children, against caseworkers Nycola Darnold and Lana Brown and their employer, the Erie County, Ohio, Department of Job and Family Services (ECDJFS), the Erie County Board of Commissioners (the "Board"), the City of Vermilion, Ohio (the "City"), and three Vermilion police officers, Corporal Rick Riggs, Sergeant Jeffrey Chandler, and Chief of Police Robert A. Kish. Plaintiffs assert federal claims under 42 U.S.C. § 1983 and state constitutional and common-law tort claims. Jurisdiction arises under 28 U.S.C. §§ 1331 and 1367.
Pending are motions by all defendants for summary judgment. For the following reasons, summary judgment shall be: 1) granted in part and denied in part with regard to the caseworkers, ECDJFS, and the Board; 2) granted in part and denied in part with regard to Sergeant Chandler and Chief Kish; and 3) granted in favor of Corporal Rick Riggs and the City of Vermilion.
On February 20, 2001, ECDJFS received an anonymous report of poor conditions at the plaintiffs' residence; namely, that the home was cluttered and overcrowded and the children were developmentally delayed and without proper medical or educational care. ECDJFS assigned defendant social worker Nycola Darnold to the case. After Darnold learned of the complaint, she telephoned Matthew Work, an inspector with the Erie County Board of Health, to coordinate a visit to the Walsh residence.
ECDJFS case workers are trained to assume that any report of adverse conditions is true, and thereon to begin an investigation. Regardless of whether the report contains specific information, caseworkers assume that there is an imminent danger of harm to children on the premises.
Section 2151.421(F)(1) of the Ohio Revised Code states: "the public children services agency shall investigate, within twenty-four hours, each report of known or suspected child abuse or child neglect ...." By telephoning Work and making an appointment for the next day, Darnold began an investigation into the Walsh home and the condition of the children.
Around 3:45 p.m. the next day, February 21, 2001, Darnold and codefendant caseworker Lana Brown met Work outside the Walsh home. They approached the house; as they did so, they observed two five gallon buckets of a drywall compound several boxes of clothes, and about 150 TTY devices (deaf telephones) located on the porch. In their opinion, the presence of these items confirmed the allegation in the anonymous report that the home was "cluttered."
When Mrs. Walsh answered the door, Darnold introduced herself and explained that ECDJFS had received an anonymous complaint that the children were living in unsafe conditions. Darnold told Mrs. Walsh that it was part of her job to enter the home and ensure the children's safety. According to Mrs. Walsh, Darnold stated that the caseworkers would be in trouble with their supervisors if they were not allowed inside the home to complete the investigation.
Mrs. Walsh refused to let the county workers into her home. She telephoned her husband, who was at work. Mrs. Walsh took a cordless telephone to the porch so Mr. Walsh could speak with Darnold. Mr. Walsh asked Darnold if the county workers had a search warrant.
According to Darnold, she explained to Mr. Walsh that she did not have a warrant but that she had an anonymous report and she needed to see if the children were safe in the home within a mandated time frame. According to Mr. Walsh, Darnold told him that if the plaintiffs refused access, Darnold would declare an emergency and forcibly remove the children from the home.
Mr. Walsh told Darnold that he was coming home. The county workers left to make other house visits.
Around 4:30 p.m., Darnold, Brown, and Work returned to the Walsh residence. According to the caseworkers, when Mr. Walsh arrived, he spoke to an attorney, who was affiliated with the Home School Legal Defense Association, a national organization providing advice and counsel to families who, like the plaintiffs, elect to home school their children. After speaking with the lawyer, Mr. Walsh told Darnold and Brown that he was not going to let them in the house without a search warrant. Darnold then called her administrator at ECDJFS to tell him that Mr. Walsh was demanding a search warrant. Darnold then called the Vermilion Police.
According to Mr. Walsh, when he again asked for a search warrant, Darnold insisted that she did not need a warrant and that she could remove the children if the plaintiffs refused to cooperate. Mr. Walsh also claims Darnold warned Mr. Walsh that he would face citations for any conditions found in the home.
At some point, the plaintiffs agreed to allow Darnold to observe the children on the enclosed porch. According to Darnold, observing the children on the porch in their winter coats did not enable her to assess whether they were developmentally delayed. Thus, she asserted that she still needed access to the home to complete her investigation.1
Defendant Vermilion Police Sergeant Chandler arrived while the caseworkers were inspecting the children. A short while later, defendant Vermilion Police Corporal Rick Riggs arrived.
While Darnold was inspecting the children, Sgt. Chandler told Mrs. Walsh that it was Darnold's job to ensure the children were safe and that the inspection of the home did not have to be a "big deal" and was "routine."
According to Mr. Walsh, Sgt. Chandler told him: "If you make us go through the hassle of getting a warrant, rest assured we will cite you for anything we find in the home." Sgt. Chandler also allegedly warned that if the plaintiffs did not allow the caseworkers into the home, Mr. Walsh could be arrested for obstruction of official business.
In light of the plaintiffs' continuing refusal to permit Darnold and Brown to inspect the home, Darnold again called her supervisor. He advised Darnold to call an Erie County assistant prosecutor, who, in turn, advised Darnold to obtain a search warrant. Meanwhile, Mr. Walsh also spoke again to his attorney.
Between 5:30 and 6:00 p.m., the defendants left the Walsh residence to try to obtain a search warrant. The parties dispute whether Mr. Walsh knew the defendants were leaving to obtain a search warrant (and thus, planning to return). Mr. Walsh asserts that he did not know the defendants planned on coming back to his home with a search warrant.
While preparing an affidavit for a search warrant at the Vermilion Police Department, Chief Kish, gave Brown a radio, told her to return to the Walsh residence, and to let him know if the plaintiffs attempted to leave. Chief Kish then contacted Judge Wakefield of the Vermilion Municipal Court to obtain an "administrative" warrant.
Driving Darnold's automobile, Brown returned to the Walsh residence and parked on the road in front of the house. She observed the children and parents entering a van; according to Mr. Walsh, the family was leaving to go to a function at their church.
Brown radioed Chief Kish to notify him that it appeared that the family was about to leave the premises. She claims that the car was not blocking the plaintiffs' driveway. Mr. Walsh disputes this assertion, and testified that the family could not depart because Darnold's car was in front of their driveway. He claims Brown told him: "If you want to leave, you will have to ram me!" Brown denies having made this statement. She testified that she told Mr. Walsh that she was not trying to block him or prevent him from leaving. She told Mr. Walsh that the police were on their way and they were obtaining a search warrant.
The police received Brown's call while they were still preparing an affidavit for a search warrant. After the call, Darnold, Work, Sgt. Chandler, and Chief Kish returned to the Walsh home.
According to Mr. Walsh, when Sgt. Chandler arrived, he yelled: Sgt. Chandler then placed Mr. Walsh spread-eagle on Darnold's car and frisked him.
When Mr. Walsh stated that he did not want to be arrested, Chief Kish, according to Mr. Walsh, stated, "Listen, if you just let them into the house, I am sure we can work that out."
Mr. Walsh understood Chief Kish's statement to mean that he would not be arrested if he allowed the caseworkers to conduct an inspection of the home. Walsh claims that he was afraid that if he were arrested, his wife would be helpless to confront the police. If she refused the search, then she would also be arrested and the children could be removed from the plaintiffs' custody. Mr. Walsh claims that because he had no other choice, he allowed the caseworkers into the house.
Chief Kish acknowledges that charges of obstructing official business were probably mentioned during his conversation with Mr. Walsh. Chief Kish testified: ...
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