CHILD USA wrote this brief in support of a wrongful death suit brought on behalf of a 2-year old child who had been recieving services through Perry County Children Services (“PCCS”) when she died as a result of on-going severe abuse and neglect. The intermediate appellate court decision affirmed summary judgement based on qualified immunity, which the trial court granted despite a genuine issue of material fact as to whether the acts and omission of PCCS amounted to wanton or reckless conduct not protected by qualified immunity. This brief encourages the Ohio Supreme Court to review this error to ensure that this case does not become a roadmap to absolute immunity for child protection employees’ willful and reckless conduct that harms children.
BRIEF OF AMICUS CURIAE re. TAMMY SMATHERS, INDIVIDUALLY & ON BEHALF OF THE ESTATE OF HARMONY BROOKLYN RAYNE CARSEY v. RICK GLASS, EXECUTIVE DIRECTORY OF PERRY COUNTY CHILDREN’S SERVICES ET AL.
September 16, 2020
SUPREME COURT OF OHIO
Case No.19 CA 00018