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Sheryll Nation v. Colla9/26/1991
In this appeal we must decide to what extent a caseworker for Child Protective Services (CPS) performing duties relating to the investigation and filing of a child dependency petition is entitled to absolute and/or qualified immunity. Based upon her investigation and the possibility of physical child abuse, Michelle Colla (Colla), the caseworker, caused a dependency petition to be filed in juvenile court concerning James Nation, a two-month old infant. As a result of the filing, custody of the infant was removed from the child's parents and temporarily placed with CPS. The infant was moved to Mesa Crisis Nursery where he died sixteen days later.
In this ensuing lawsuit which was brought pursuant to 42 U.S.C. § 1983 (§ 1983), the trial court determined that the caseworker, Colla, was not entitled to absolute immunity. The trial court further determined that a balanced reading of the law indicated that qualified immunity was applicable. On appeal we conclude, as a matter of law, that Colla is entitled to absolute immunity in the § 1983 action for all of her conduct as a CPS caseworker in connection with the initiation and pursuit of child dependency proceedings. We further conclude that Colla is entitled to qualified immunity for her actions preceding the filing of the dependency petition.
FACTS AND PROCEDURAL HISTORY
The facts are relatively undisputed. Jeffrey and Donna Nation, formerly husband and wife, were the natural parents of James, who was born on October 26, 1984. On Monday, December 10, 1984, Donna noticed that James was not moving his right leg in a normal manner. She did not notice any bruising. On Tuesday, December 11, 1984, Donna took James to Dr. Worsham for a consultation on an unrelated condition. Donna forgot to tell Dr. Worsham about James' leg and Dr. Worsham did not notice anything wrong with James' leg during his examination. On Wednesday, December 12, 1984, late in the day, Donna noticed that James' leg was swollen. She showed James' leg to Jeffrey and they agreed to take James to the doctor the next day.
On Thursday, December 13, 1984, Donna took James to the Cigna clinic where he was initially examined by Dr. Van Arsdell. Dr. Van Arsdell suspected a possible septic hip and requested an orthopedic consultation. James was then examined by Dr. Metzger, an orthopedic surgeon. X-rays taken disclosed that James had a transverse fracture of the right femur. Dr. Metzger informed Donna of James' condition and James was admitted to the hospital for traction and casting. Donna was surprised by the diagnosis and supplied Dr. Metzger with James' medical history and a chronology of the events of the previous weeks. She could not explain the injury . Because there was an unexplained injury, Dr. Metzger informed CPS. A CPS Intake Report was prepared on Thursday, December 13, 1984, and CPS caseworker Colla was assigned to the case on Friday, December 14, 1984.
Colla began her investigation on the morning of Friday, December 14, 1984, by unsuccessfully attempting to contact Dr. Metzger several times by telephone. She then went to the hospital where she observed James. She noted that he was in traction but that there were no visible signs of physical abuse such as bruising. Colla spoke briefly with Donna at the hospital before Donna left to pick up her daughter at school. Donna informed Colla that she intended to return to the hospital immediately after picking up her daughter.
Colla then called Dr. Metzger who informed her that in his opinion James could not have caused the injury to himself. He further informed her that James could be casted the next day and released very soon after, probably within a day or two. Colla asked Dr. Met
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