Archives
May 2007
Wednesday, May 23, 2007
2:41:00 AM EDT
Hearing 4.9 MILLION AWARDED PARENT IN CPS CASE
FOGARTY-HARDWICK v. COUNTY OF ORANGE, ET AL.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
Case No. 01CC02379 (Trial before Hon. Ronald L. Bauer, Dept. CX103)
On May 14, 2007, Orange County Superior Court Judge, Ronald Bauer (Dept.
CX-103) issued an injunction against the Orange County Social Services
Agency requiring the agency to obtain "reasonable and articulable evidence"
prior to initiating dependency proceedings alleging abuse, neglect or
abandonment of a child.
The injunction follows on the heels of an earlier and unprecedented jury
verdict of $4.9 million against Orange County and two of its social workers
Marcia Vreeken and Helen Dwojak for violating the parental rights of Deanna
Fogarty, as guaranteed under the Fourth and Fourteenth Amendments to the
United States Constitution.
This case was brought by Deanna Fogarty against the County of Orange, Marcia
Vreeken, Elaine Wilkins, and their supervisor Helen Dwojak to recover
damages arising from Defendants alleged violations of Ms. Fogarty's
constitutional rights to raise and associate with her children, free from
governmental interference.
On March 23, 2007, an Orange County Jury found against Orange County, social
worker Marcia Vreeken, and social worker supervisor Helen Dwojak and awarded
monetary damages of $4.9 million. A third social worker, Elaine Wilkins was
found not liable.
In addition to seeking damages, Ms. Fogarty also sought to enjoin the Orange
County Social Services Agency from continuing its allegedly unlawful
practice of making allegations of wrong doing against parents in dependency
proceedings without supporting evidence.
Lead trial attorney Shawn A. McMillan states: "Ms. Fogarty is very pleased
with Judge Bauer's decision to issue the injunction. This is a very
important issue to my client, and the court's decision today clearly
demonstrates that sufficient evidence was presented to convince the court
that the customs, policies and practices of the agency were unlawful. This
injunction is expected to have incalculable and far reaching effects for a
great many families presently experiencing the vagaries of the Social
Service system in Orange County, and perhaps throughout the state. The
injunction will force a change that is long overdue."
An electronic copy of the permanent injunction are available at:
Orange County CPS Injunction
San Diego Lawyer Shawn A. McMillan, of the Law Offices of Shawn A. McMillan,
was trial counsel in the case.
For additional information, contact:
Shawn A. McMillan, Esq.
THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C.
4955 Via Lapiz
San Diego, California 92122
Telephone: (858) 646-0069
Facsimile: (206) 600-4582
Website: www.mcmillan-law.com
E-Mail: attyshawn @ netscape.net
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2:41:00 AM EDT
Hearing 4.9 MILLION AWARDED PARENT IN CPS CASE
NOW THIS IS WHAT I'M TALKIN' ABOUT
FOGARTY-HARDWICK v. COUNTY OF ORANGE, ET AL.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
Case No. 01CC02379 (Trial before Hon. Ronald L. Bauer, Dept. CX103)
On May 14, 2007, Orange County Superior Court Judge, Ronald Bauer (Dept.
CX-103) issued an injunction against the Orange County Social Services
Agency requiring the agency to obtain "reasonable and articulable evidence"
prior to initiating dependency proceedings alleging abuse, neglect or
abandonment of a child.
The injunction follows on the heels of an earlier and unprecedented jury
verdict of $4.9 million against Orange County and two of its social workers
Marcia Vreeken and Helen Dwojak for violating the parental rights of Deanna
Fogarty, as guaranteed under the Fourth and Fourteenth Amendments to the
United States Constitution.
This case was brought by Deanna Fogarty against the County of Orange, Marcia
Vreeken, Elaine Wilkins, and their supervisor Helen Dwojak to recover
damages arising from Defendants alleged violations of Ms. Fogarty's
constitutional rights to raise and associate with her children, free from
governmental interference.
On March 23, 2007, an Orange County Jury found against Orange County, social
worker Marcia Vreeken, and social worker supervisor Helen Dwojak and awarded
monetary damages of $4.9 million. A third social worker, Elaine Wilkins was
found not liable.
In addition to seeking damages, Ms. Fogarty also sought to enjoin the Orange
County Social Services Agency from continuing its allegedly unlawful
practice of making allegations of wrong doing against parents in dependency
proceedings without supporting evidence.
Lead trial attorney Shawn A. McMillan states: "Ms. Fogarty is very pleased
with Judge Bauer's decision to issue the injunction. This is a very
important issue to my client, and the court's decision today clearly
demonstrates that sufficient evidence was presented to convince the court
that the customs, policies and practices of the agency were unlawful. This
injunction is expected to have incalculable and far reaching effects for a
great many families presently experiencing the vagaries of the Social
Service system in Orange County, and perhaps throughout the state. The
injunction will force a change that is long overdue."
An electronic copy of the permanent injunction are available at:
Orange County CPS Injunction
San Diego Lawyer Shawn A. McMillan, of the Law Offices of Shawn A. McMillan,
was trial counsel in the case.
For additional information, contact:
Shawn A. McMillan, Esq.
THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C.
4955 Via Lapiz
San Diego, California 92122
Telephone: (858) 646-0069
Facsimile: (206) 600-4582
Website: www.mcmillan-law.com
E-Mail: attyshawn @ netscape.net
PRESS MATERIAL HOSTED BY WWW.FEARNOTLAW.COM">WWW.FEARNOTLAW.COM
Written by mamaws3angels Blog about this entry |
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