Honor Duvall, et al. v. Phoenix Children's Hospital, et al.

Phoenix, Arizona personal injury lawyers represented the PlaintiffS who sued on intentional infliction of emotional distress theories.



Plaintiffs alleged that Defendants were liable under this state law claim because their actions "in making or contributing to the making of false reports of abuse to DCS were extreme and outrageous.” However, Arizona's mandatory reporting statute requires a medical professional who "reasonably believes that a minor” has been abused to "immediately report or cause reports to be made of this information” to DCS. Ariz. Rev. Stat. § 13-3620(A). The reporting statute immunizes these medical professionals from civil liability and immunizes other medical professionals who "participate” in an "investigation resulting from” such a report. Id. § 13-3620(J). Immunity attaches even if the reports of abuse are ultimately found to be wrong, unless the medical professional acted with "malice.”



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Plaintiffs' claim against Dr. Coffman and Dr. Cassidy fails because they cannot establish a "deprivation” of their constitutional liberty interest. See 42 U.S.C. § 1983. The State of Arizona's Department of Child Safety ("DCS”)

obtained a court order under Ariz. Rev. Stat. § 8-821(A) before temporarily removing S.Z.S. from his parents' custody based on a finding of "probable cause” that removing S.Z.S. was "clearly necessary to protect [him] from suffering abuse

or neglect.” The temporary removal of S.Z.S. therefore did not violate Plaintiffs' constitutional rights. Keates,883 F.3d at 1236. Plaintiffs also received a full proceeding in Arizona state court when DCS sought to terminate the Duvalls'

custody permanently, and so received the requisite "procedures” to satisfy due process. See Santosky, 455 U.S. at 754; Capp v. County of San Diego, 940 F.3d 1046, 1060 n.8 (9th Cir. 2019).

Summary judgment in favor of Phoenix Children’s Hospital (“Children’s Hospital”) and individual defendants Dr. Kathryn Coffman, Dr. William Wood, Dr. Brendan Cassidy, nurse Haley Dietzman, and their respective spouses.



Affirmed