913 F.3d 831
9th Cir.2019Background
- In late 2009–2011, two boys were removed from their paternal grandfather’s home after child pornography and other concerning material were found; DSHS obtained dependency orders placing the boys with grandparents (the Coxes) and authorizing supervised visits with their father, Joshua Powell.
- Dependency Court authorized supervised, weekly visits and directed Joshua to undergo evaluations; initial DSHS visit plans specified DCFS locations but DSHS later allowed visits at a residence Joshua established.
- Psychologist Dr. Manley evaluated Joshua, noted concerns (including review of pornographic images) and recommended further psychosexual evaluation but did not recommend changing visit structure; the court continued supervised visits and expanded frequency/duration before evaluations concluded.
- On February 5, 2012, during a supervised visit at Joshua’s residence, Joshua locked the door, killed his two sons and himself; visitation supervisor (not a defendant) was present but prevented from entering.
- The Coxes sued individual social workers under 42 U.S.C. § 1983 and DSHS for negligence (failure to investigate/monitor, negligent training). The district court granted summary judgment for defendants; on appeal the Ninth Circuit affirmed qualified immunity for the social workers but reversed dismissal of the negligence claims against DSHS and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Absolute immunity for social workers’ reports/actions to dependency court | Social workers acted negligently, not as quasi-prosecutorial/ quasi-judicial advocates; no absolute immunity | Social workers’ communications to the court were part of presenting the State’s case, entitling them to absolute immunity | No absolute immunity: social workers’ discretionary/investigative placement decisions are not protected by absolute immunity |
| Qualified immunity under § 1983 (due‑process claim) | Social workers were deliberately indifferent to an obvious, substantial risk that Joshua would harm the boys | Social workers had not been shown to know or be on notice of an objectively substantial risk; their decisions were reasonable given available information | Affirmed qualified immunity: facts did not show deliberate indifference or violation of a clearly established due‑process right |
| Duty of care / special relationship — does DSHS owe a duty to investigate/avoid placing dependent children in abusive situations? | DSHS had custodial/entrustment relationship and thus a duty to reasonably ensure placements/visitations are safe; failure to investigate breaches duty | DSHS argued no such duty (cross-appeal) or that it satisfied the duty as matter of law | Affirmed that under Washington law DSHS owes a protective duty (special relationship) to dependent children to investigate and avoid placing them in abusive/dangerous situations |
| Breach / proximate cause / superseding judicial order | DSHS withheld material information and unreasonably changed visitation location/duration and failed to plan/train, so its omissions proximately caused deaths; the Dependency Court’s order did not supersede liability | DSHS argued it provided material information, acted reasonably, and the Dependency Court’s February 1 order was a superseding intervening cause relieving DSHS of liability | Reversed summary judgment for DSHS: genuine issues of material fact exist on breach, materiality of withheld information, and whether the court order was a superseding cause; remanded for trial |
Key Cases Cited
- Hardwick v. Cty. of Orange, 844 F.3d 1112 (9th Cir. 2017) (absolute immunity for social workers only when performing quasi-prosecutorial/quasi-judicial functions)
- Miller v. Gammie, 335 F.3d 889 (9th Cir. 2003) (en banc) (standards on absolute immunity and function analysis)
- Tamas v. Dep’t of Soc. & Health Servs., 630 F.3d 833 (9th Cir. 2010) (limits on absolute immunity for social workers; deliberate indifference standard)
- Beltran v. Santa Clara Cty., 514 F.3d 906 (9th Cir. 2008) (social worker immunity principles)
- Conn v. City of Reno, 572 F.3d 1047 (9th Cir. 2009) (qualified immunity legal framework)
- Carlo v. City of Chino, 105 F.3d 493 (9th Cir. 1997) (due-process protections for children in state custody)
- Tolan v. Cotton, 572 U.S. 650 (2014) (summary judgment requires resolving factual disputes in favor of non‑moving party)
- M.W. v. Dep’t of Soc. & Health Servs., 70 P.3d 954 (Wash. 2003) (statutory negligent-investigation claim limited; materiality standard)
- Tyner v. Dep’t of Soc. & Health Servs., 1 P.3d 1148 (Wash. 2000) (when a judicial order is a superseding cause; materiality of information to the court)
- H.B.H. v. State, 429 P.3d 484 (Wash. 2018) (DSHS has special custodial relationship and protective duty to foster/dependent children)