Dees

Dees v. Cnty. of San Diego

Good Law
302 F. Supp. 3d 1168
United States District Court, Southern District of CaliforniaOctober 10, 2017Case No.: 3:14–cv–0189–BEN–DHBCalifornia6,679 words

Opinion

Lead Opinion

Honbenitez, J.

In February 2013, Defendant Caitlin McCann ("McCann"), a social worker for Defendant County of San Diego, Health and Human Services Agency (the "County"), investigated the Dees family regarding allegations of child sexual abuse. After interviewing the parents and children, the investigation was closed as unfounded. Subsequently, Sara Dees and her two minor *1173 children, L.G. and G.G., sued McCann and the County for violations of their constitutional rights during the investigation. The case was tried before a jury from February 7, 2017 to February 13, 2017. The jury returned a verdict in favor of Defendants on all claims.

Plaintiffs now move for judgment as a matter of law on their Monell claim against the County. They contend that McCann conducted an unconstitutional interview of L at her school pursuant to the County's policy and practice that permits children to be interviewed at school at any time without parental consent, exigency, or court order, as long as a child abuse investigation is open. Plaintiffs ask the Court to overturn the jury's verdict and order a new trial on the question of damages. Alternatively, they request the Court order a new trial as to liability.…

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