Orange County Jury Awards Mom $4.9 Million Against Department of Social Services and its CPS Workers; Punitive Damages to Follow
San Diego, CA (PRWeb) March 25, 2007 --
RE:
Fogarty-Hardwick v. County of Orange, et al.
Superior Court of California, County of Orange
Case No. 01CC02379 (Trial before Hon. Ronald L. Bauer, Dept. CX103)
On March 23, 2007, the Orange County Social Services Agency and two of its Social Workers, Marcie Vreeken and Helen Dwojak were found liable for violating the parental rights of Deanna Fogarty-Hardwick, as guaranteed under the Fourth and Fourteenth Amendments to the United States Constitution. The jury found 10-2 in favor of the Plaintiff and awarded $4.9 million in economic and non-economic damages. The punitive damages phase of the trial will begin on Tuesday, March 27, 2007.
The verdict follows the filing of a civil suit for civil rights violations by Deanna Fogarty-Hardwick, a mother of two minor children, against the Orange County Department of Social Services and three of its social workers. The Plaintiff Deanna Fogarty-Harwick sued defendants County of Orange, Orange County Social Services Agency, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak.
The Jury found against the Plaintiff and for Defendant Elaine Wilkins, by a 10-2 jury vote.
This case was brought by Plaintiff against Defendants to recover damages arising from Defendants alleged violations of Ms. Fogarty's constitutional rights to raise and associate with her children, free from governmental interference.
Ms. Fogarty-Hardwick alleged that social workers Marcie Vreeken, Elaine Wilkins, and Helen Dwojak caused Ms. Fogarty-Hardwick's children to be removed from her custody without cause, and continued to detain them without cause, violating Ms. Fogarty-Harwick's Constitutional right to familial association. Ms. Fogarty-Hardwick alleged that these defendants, while working as social workers for Orange County Social Services, intentionally fabricated evidence to obtain a court order to detain Ms. Fogarty-Hardwick's two young daughters on February 17, 2000. Ms. Fogarty-Hardwick also alleged that Orange County Social Services, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak maliciously failed to provide the court with exculpatory information, and filed false reports in furtherance of the effort to keep Ms. Fogarty-Hardwick separated from her children.
The second civil rights claim alleged that the policies, practices, or procedures employed by Orange County Social Services and the County of Orange in the removal of Plaintiff's children from her care also violated Ms. Fogarty-Harwick's constitutional rights, under the Fourth and Fourteenth Amendments to the United States Constitution, and to raise and associate with her children free from governmental interference. The unlawful policies, practices or procedures pertained to the detention of children without a finding of imminent danger or serious physical injury; interviewing children without a parent present; continuing detention after learning there was no basis to do so; using trickery and fabricated evidence; and failing to adequately train employees regarding the Constitutional rights of parents.
Lead trial attorney Shawn A. McMillan states "My client Deanna Fogarty-Hardwick, is satisfied by the Jury's recognition of the harm that the defendants caused her. But, obviously, no amount of money can ever undo the damage inflicted upon Ms. Fogarty-Hardwick or her children. We expect the Jury's 4.9 million dollar verdict will cause the County of Orange and its Department of Social Services to implement procedures to prevent future abuses by County social workers and protect other families."
San Diego Lawyer Shawn A. McMillan, of the Law Offices of Shawn A. McMillan, was trial counsel in the case. Attorney Sondra S. Sutherland was co-counsel.
For additional information, contact:
Shawn A. McMillan, Esq.
THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C.
4955 Via Lapiz
San Diego, California 92122
Telephone: (858) 646-0069
Facsimile: (206) 600-4582
Website: www.mcmillan-law.com
PRESS RELEASE DISTRIBUTED BY WWW.FEARNOTLAW.COM
###
Related Articles:
Orange Label Art + Advertising Institutes Scholarship for California State University, Fullerton Marketing Students: The Annual Paul Barth / Ora
Orange Label Art + Advertising, formerly Hunter Barth Advertising, one of Orange County, California's longest-standing privately held advertising agencies, is proudly establishing an annual scholarship fund for California State University, Fullerton Marketing Students. The Paul Barth / Orange Label Scholarship, as it will be known, has been created in honor of the agency's original founder, Paul Barth. The $1,000 annual scholarship will recognize and honor students with a strong indication of potential for success and/or achievement in the Advertising and Marketing Industry.
Hunter Barth Advertising Changes Name to Orange Label Art + Advertising: Re-Branding Marketing Strategy Draws Upon Orange County,
Hunter Barth Advertising, one of Orange County's longest-standing privately held advertising agencies, announced today that after 35 years of service it is changing its name and brand to Orange Label Art + Advertising. The company's branding shift was coordinated in response to an internal desire for greater identification with the marketing heritage of Orange County, California, in which citrus growers utilized crate labels as artistic marketing tools and as promotion of area-specific advertising messages. Rochelle Reiter, the advertising agency's vice-president of business development, has announced plans to take on a co-ownership role that coincides with news of the company's name change.
Fightersoft Connects All Mobile Users with ICEEYOO While Formalizing a Partnership with Orange Mobile Telecom
The partnership's objective is to provide specialized and dedicated video solutions for Romanian major companies using Orange's infrastructure. Orange is finalizing negotiations with fightersoft to launch mobile video packages to the European consumer market.
Castle, Petersen & Krause, LLP Announces That an Orange County Deputy Sheriff's Lawsuit Addressing Unpaid Overtime Has Been Granted Class Action
Castle, Petersen & Krause, LLP and the Law Offices of Herbert Hafif announced today that on February 12, 2007, in the case of Reed v. County of Orange ("Reed"), the U.S. District Court, Central District of California granted the Reed lawsuit preliminary certification as a collective action on behalf of Orange County Deputy Sheriffs below the rank of sergeant. The Reed lawsuit was brought to the court by Gregory G. Petersen, a partner in Castle, Petersen & Krause, LLP, who was then joined by Herbert Hafif of the Law Offices of Herbert Hafif. Ms. Reed, a Deputy Sheriff at the Orange County Central Jail Complex, and other deputies seek to recover unpaid overtime wages.
eGuardian Joins Forces with FoundationCare to Help Orange County Schools
eGuardian, designers of the child-safe Internet, announced a partnership with FoundationCare, a non-profit organization dedicated to helping schools fund new technology, that will expand the reach of eGuardian and provide schools with a new income source.Under this arrangement, eGuardian will donate $10 from each $20 enrollment fee for its innovative, patent-pending child protection service to local schools, and donate $2 to FoundationCare. The partnership between eGuardian and FoundationCare will be heralded in a promotional campaign on the cable networks Oxygen, Nickelodeon, the Food Network and ABC Family.
The Perfect Chocolate Gift Basket
Searching a present can be easy for one person, while for another the task of shopping for presents can be very hard, you have to think on so many factors when you buy a present and sometimes you don't know were to start. Don't panic, there is a gift that can make it very simple. It is not important how you buy it, or what is the circumstances, it is a present that saves time and lets you avoid the unnecessary stress of buying a gift, I am talking about the Gift Basket.
One of 'The Real Housewives' Chooses Plastic Surgeon Dr. Milind Ambe for a Re-Take on Her Orange County Breast Augmentation
Board certified plastic surgeon performs breast augmentation revision in Newport Beach for Bravo TV's popular Tamra Barney
Roger Daltrey of The Who and Friends Have a 'Doggone' Good Time in 'The Wheels on the Bus: Mango's Big Dog Parade' Coming to DVD Jan. 22, 2008
Roger Daltrey of The Who voices Argon, the dragon bus driver, chimes in on the many variations of the classic kid's favorite "The Wheels on the Bus" in this delightful new adventure in the award-winning "Wheels on the Bus" DVD series. Colorful passengers sing along as Argon takes his friends on their many jovial adventures with toe-tapping original songs by composer Laura Hall (ABC's Whose Line is it Anyway?) and lyricist Timothy Armstrong.
In Defense of the Jelly Bean
Should a parent give a child a tangible reward when he or she has behaved properly or performed some important task such as doing homework, or helping around the house? Understandably, many parents are hesitant to use incentives, such as prizes, or food treats, to influence their children, especially considering the negative comments by some, but not all, contemporary parenting experts. For many parents, giving their children rewards feels like bribery and to them, should be thus avoided.
Laughter Comes to Shreveport in the Form of the Laugh Your ... Off Comedy Jam Appearing at The Strand Theatre
Comedians are set to take the stage at 'end of summer' Comedy Jam in Shreveport, LA.