DeShaney v. Winnebago County
| DeShaney v. Winnebago County Department of Social Services | |
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| Argued November 2, 1988 Decided February 22, 1989 |
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| Full case name | Joshua DeShaney, a minor, by his guardian ad litem, and Melody DeShaney, Petitioners v. Winnebago County Department of Social Services, et al. |
| Docket nos. | 87-154 |
| Citations | 489 U.S. 189 (more)
109 S. Ct. 998; 103 L. Ed. 2d 249; 1989 U.S. LEXIS 1039; 57 U.S.L.W. 4218
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| Prior history | Certiorari to the United States Court of Appeals for the Seventh Circuit; Appeal from the United States District Court for the Eastern District of Wisconsin, Milwaukee Division, No. 85 C 310, John W. Reynolds, Judge |
| Holding | |
| The 7th Circuit Court's decision to uphold the District Court's dismissal in summary judgment was affirmed. A state or county agency does not have an obligation under the Due Process Clause of the 14th Amendment to prevent child abuse when the child is 1) in parental, not agency custody, and 2) the state did not create the danger of abuse or increase the child's vulnerability to abuse. Failure to prevent child abuse by a custodial parent does not violate the child's right to liberty for the purposes of the 14th Amendment. | |
| Court membership | |
| Case opinions | |
| Majority | Rehnquist, joined by White, Stevens, O'Connor, Scalia, Kennedy |
| Dissent | Brennan, joined by Marshall, Blackmun |
| Dissent | Blackmun |
| Laws applied | |
| U.S. Const. amend. XIV, 42 U.S.C. § 1983 | |
DeShaney v. Winnebago County was a case decided by the Supreme Court of the United States on February 22, 1989. The court held that a state government agency's failure to prevent child abuse by a custodial parent does not violate the child's right to liberty for the purposes of the Fourteenth Amendment to the United States Constitution.
In 1980, a divorce court in Wyoming gave custody of Joshua DeShaney, born in 1979, to his father Randy DeShaney, who moved to Winnebago County, Wisconsin. A police report of child abuse and a hospital visit in January, 1983, prompted the county Department of Social Services (DSS) to obtain a court order to keep the boy in the hospital's custody. Three days later, "On the recommendation of a 'child protection team,' consisting of a pediatrician, a psychologist, a police detective, the county's lawyer, several DSS caseworkers, and various hospital personnel, the juvenile court dismissed the case and returned the boy to the custody of his father." The DSS entered an agreement with the boy's father, and five times throughout 1983, a DSS social worker visited the DeShaney home and recorded suspicion of child abuse and that the father was not complying with the agreement's terms. No action was taken; the DSS also took no action to remove the boy from his father's custody after a hospital reported child abuse suspicions to them in November, 1983. Visits in January and March, 1984, in which the worker was told Joshua was too ill to see her, also resulted in no action. Following the March, 1984, visit, "Randy DeShaney beat 4-year-old Joshua so severely that he fell into a life-threatening coma. Emergency brain surgery revealed a series of hemorrhages caused by traumatic injuries to the head inflicted over a long period of time. Joshua did not die, but he suffered brain damage so severe that he is expected to spend the rest of his life confined to an institution for the profoundly retarded. Randy DeShaney was subsequently tried and convicted of child abuse." DeShaney served less than two years in jail.
Joshua DeShaney's mother filed a lawsuit on his behalf against Winnebago County, the Winnebago County DSS, and DSS employees under 42 U.S.C. § 1983. The lawsuit claimed that by failing to intervene and protect him from violence about which they knew or should have known, the agency violated Joshua's right to liberty without the due process guaranteed to him by the Fourteenth Amendment to the United States Constitution.
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