Case details
Parents: Children subjected to exams without parental consent
SUMMARY
$1800000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In April 2010, the plaintiffs, a 6-year-old child and 4-year-old triplets, were removed from their San Diego home, where they lived with their parents, plaintiffs Mark Mann and Melissa Mann, based on a suspicion that the children had been abused. The four children underwent invasive medical examinations at Polinsky Children’s Center, an emergency shelter for children in Kearny Mesa. The examinations were performed without a judicial order and without their parents’ knowledge or consent. The Manns only learned about the examinations later. The Manns, acting individually and as their children’s guardians ad litem, sued San Diego County; the San Diego County Health and Human Services Agency; protective social workers with the agency, Andrea Cisneros and Angela Redmond; the social workers’ supervisor, Lisa Quadros; Quadros’ supervisor, Gilbert Fierro; Polinsky Children’s Center; a physician at the children’s center, Dr. Nancy Graff; and several other social workers, including Debbie Bayliss, Leela Joseph, Noni Mationg, Kelly Monge, Sophia Sanchez and Susan Solis. The Manns alleged that the defendants’ actions violated their constitutional rights, specifically under the Fourteenth and Fourth Amendments. Plaintiffs’ counsel contended that the examinations violated the constitutional rights of the family. Counsel asserted that the county violated the Manns’ Fourteenth Amendment rights and the children’s Fourth Amendment rights by performing medical examinations in the absence of exigency, valid parental consent, or a court order specific to the child examined. Counsel also asserted that the defendants violated the plaintiffs’ civil rights by failing to notify the parents of the examinations so that they could have been present., The Manns and their children claimed that they suffered emotional distress as a result of the events. The Manns, on behalf of themselves and their children, sought recovery of damages for their respective emotional pain and suffering.
COURT
United States District Court, Southern District, San Diego, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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