Ex parte Angela McClintock et al.

by
Petitioners-defendants Angela McClintock, Stephanie Streeter, and Christa Devaughn, all of whom were employees of the Jefferson County Department of Human Resources ("JCDHR"), petitioned for a writ of mandamus requesting that the Alabama Supreme Court direct the Jefferson Circuit Court to enter a summary judgment in their favor based on State-agent immunity. Charges arose from the death of K.W., a newborn who was removed from her home following domestic abuse allegations at the home of T.H., K.W.’s mother. At the time of K.W.'s death, McClintock was the director of JCDHR; Streeter was an assistant director of child welfare for JCDHR; and Devaughn was a child-abuse and neglect investigative worker for JCDHR. In June 2011, T.H. was charged with third-degree domestic violence when S.W., T.H.'s mother, filed charges against her for striking a sibling in the face. K.W. was born in December 2011. While T.H. was still in the hospital, T.H.'s grandmother reported to JCDHR that she had concerns that T.H. would not be able to care for her new baby, that T.H. had left her father's home, and that T.H. had a history of running away. After conducting an investigation, JCDHR allowed T.H. to be discharged from the hospital to the home of K.M., T.H.'s second cousin. K.H., T.H.'s father, filed a dependency complaint, seeking custody of K.W. In January 2012, Devaughn filed a dependency complaint as to T.H. and a request for a pickup order for K.W. K.W. was picked up and placed in the foster home of Dennis Gilmer on that same date. K.W. died on February 24, 2012, while in foster care. K.H. and T.H. filed a complaint against the petitioners, Brandon Hardin, Dennis Gilmer, and JCDHR, stating claims of wrongful death of a minor, negligence, wantonness, and negligent/wanton training and supervision. The Alabama Supreme Court found petitioners established they had a clear legal right to summary judgment in their favor based on State-agent immunity. Accordingly, the Supreme Court granted their petition for mandamus relief. View "Ex parte Angela McClintock et al." on Justia Law