Case details

Plaintiff: Social worker failed to notify him of court proceeding

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Plaintiff Gregory Murray claimed that Contra Costa social worker Sandra Andrade failed to give him proper notice of family court proceedings involving his child. He contended that as a result of Andrade’s actions, his child was placed in foster care for about one year. Murray sued Andrade; the previous worker on the case, Lori Castillo; and their employer, the county of Contra Costa. He alleged that the defendants violated his civil rights under 42 USC 1983. Castillo and the county were ultimately dismissed from the action in June 2009 via summary judgment. Thus, the matter went to trial against Andrade only. Murray claimed that he had given his name and all of his contact information to the social workers handling his son’s case, but that he never received any written notice of any court proceedings. He further claimed that Andrade could not produce any documentary evidence that a phone call with him took place. Andrade claimed that no written notice was given of the hearings because Murray failed to provide an address. Defense counsel contended that, by Murray’s own admission, he spoke to social workers “half a dozen” times before the family court proceedings. Counsel further contended that written notice was not required, and that telephone notice was fine., Murray claimed that he suffered emotional distress as a result of being deprived of his child for almost one year. Thus, he sought recovery of damages for his emotional pain and suffering.
COURT
United States District Court, Northern District, San Francisco, CA

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