Date: 03-26-2007

Case Style: Fogarty-Hardwick v. County of Orange, et al.

Case Number: 01CC02379

Judge: Ronald L. Bauer

Court: Superior Court, Orange County, California

Plaintiff's Attorney:

Shawn McMillan, the Law Offices of Shawn A. McMillan, P.C. and Sondra Sutherland, Escondido, California

Defendant's Attorney: Unknown

Description:

Deanna Fogarty-Hardwick, a mother of two minor children, sued the Orange County Department of Social Services and three of its social workers, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak for violating her 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.

A 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.

Outcome: 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 Jury found against the Plaintiff and for Defendant Elaine Wilkins, by a 10-2 jury vote.

Plaintiff's Experts: Unavailable

Defendant's Experts: Unavailable

Comments: None