Case details

Child protective services failed to stop child’s fatal beating: suit

SUMMARY

$8500000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
blunt force trauma to the head, brain, brain injury, coma, emotional distress, head, mental, psychological
FACTS
On Dec. 29, 2008, plaintiffs’ decedent Seth Ireland, 10, was severely beaten up by his mother’s boyfriend, Lebaron Vaughn, at the mother’s Fresno apartment. Seth sustained massive head trauma and subsequently lapsed into a coma. He never regained consciousness and ultimately died on Jan. 6, 2009. Vaughn was given a 15-years-to-life prison sentence for second-degree murder. Seth’s mother, Rena Ireland, was sentenced to six years for child endangerment. The decedent’s father, Joseph Hudson, sued the county of Fresno and Rena Ireland. The decedent’s half-brother, Jervon Ireland, a minor, by and through his guardian ad litem, Alex Williams, also sued the county of Fresno, and the matters were joined for trial. Hudson and Williams alleged that Fresno County Child Protective Services breached various mandatory duties imposed upon them via California Department of Social Services 31 Series regulations and that Rena Ireland failed to protect her son. Rena Ireland was ultimately dismissed from the case, and the matter continued against the county of Fresno only. Plaintiffs’ counsel argued that CPS had knowledge from multiple sources about violence being perpetrated by Vaughn against the decedent, but failed to stop the violence. Counsel contended that CPS received at least four reports of abuse perpetrated by Vaughn against Seth before the beating that ultimately caused his death. Counsel also contended that a CPS agent spoke to the family a few times and issued some referrals, but failed to take any action in response to a school principal’s report, which referenced Seth having a black eye in a school photo. Plaintiffs’ counsel further contended that after the decedent’s mother, Rena Ireland, and Vaughn brought Seth into the police station on Aug. 17, 2008, claiming that he had been abused by Hudson, the police suspected that Ireland and Vaughn were actually the ones responsible for the abuse. Counsel contended that as a result, the County Deputy’s office called CPS, but that CPS did not properly investigate the incident. Thus, plaintiffs’ counsel argued that CPS failed to take necessary actions to protect the decedent and ignored warning signs that the child was in danger. In addition, counsel argued that the failures of CPS to properly investigate the abuse ultimately led to the decedent’s death, as a proper investigation would have led to an intervention. The county of Fresno filed a motion for summary judgment, in which it argued that CPS complied with all regulations for investigations into reports of child abuse. The county claimed that any failures to act by CPS employees were discretionary decisions for which CPS has immunity pursuant to Government Code., Seth sustained massive head trauma on Dec. 29, 2008. He subsequently lapsed into a coma and never regained consciousness. Seth died on Jan. 6, 2009. He was 10. Plaintiffs’ counsel contended that decedent’s body showed evidence of old and new bruises on his head, torso, buttocks and extremities, which proved that he was subjected to prior abuse at the hands of Vaughn. Thus, Hudson sought recovery of wrongful death damages for the loss of his son. Jervon alleged that he had witnessed the beating that led to his half-brother’s death. Thus, he sought recovery of damages for his emotional distress.
COURT
Superior Court of Fresno County, Fresno, CA

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