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Mon, Nov 23 2009 

Mother of dead foster child loses lawsuit against state

The lawsuit claimed that Morgan, McGinnis and the state department acted negligently and recklessly under the state’s wrongful-death law in failing to properly evaluate and supervise the Gordons, including making sure that adequate supervision was available and that there were no weapons accessible to children in the home. McLean also claimed gross negligence and indifference on the part of the defendants in failing to follow the state’s own policies and practices aimed at protection of foster-care children.

The federal court in Springfield had granted summary judgment to the Department of Social Services on McLean’s claim under the state’s wrongful-death statute but denied it with respect to the claim under another section of law granting a qualified immunity from lawsuits. The district court had held that the department waived its 11th Amendment immunity when it moved the litigation from state to federal court.

The federal appeals court said that holding was in error because the state and arms of the state are not people, and as such are not subject to lawsuits in state or federal courts.

No charges

The foster parents were never charged by the Jasper County prosecutor’s office with any criminal offense.



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