DESHANEY v. WINNEBAGO CTY. DEPT. OF SOC. SERVS.

No. 87-154.

489 U.S. 189 (1989)

DESHANEY, A MINOR, BY HIS GUARDIAN AD LITEM, ET AL. v. WINNEBAGO COUNTY DEPARTMENT OF SOCIAL SERVICES ET AL.

Supreme Court of United States.

Decided February 22, 1989


Attorney(s) appearing for the Case

Donald J. Sullivan argued the cause for petitioners. With him on the briefs was Curry First.

Mark J. Mingo argued the cause for respondents. With him on the brief were Wayne M. Yankala and Joel I. Klein.

Deputy Solicitor General Ayer argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Fried, Assistant Attorney General Bolton, Roy T. Englert, Jr., Barbara L. Herwig, and John S. Koppel.*

Briefs urging affirmance were filed for the State of New York et al. by Robert Abrams, Attorney General of New York, O. Peter Sherwood, Solicitor General, Peter H. Schiff, Deputy Solicitor General, and Michael S. Buskus, Assistant Attorney General, Joseph I. Lieberman, Attorney General of Connecticut, J. Joseph Curran, Jr., Attorney General of Maryland, Dave Frohnmayer, Attorney General of Oregon, LeRoy S. Zimmerman, Attorney General of Pennsylvania, Donald J. Hanaway, Attorney General of Wisconsin, and Charles Hoornstra, Assistant Attorney General; and for the National Association of Counties et al. by Benna Ruth Solomon and Douglas A. Poe.

Gwendolyn H. Gregory, August W. Steinhilber, and Thomas A. Shannon filed a brief for the National School Boards Association as amicus curiae.


CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

Petitioner is a boy who was beaten and permanently injured by his father, with whom he lived. Respondents are social workers and other local officials who received complaints that petitioner was being abused by his father and had reason to believe that this was the case, but nonetheless did not act to remove petitioner from his father's custody. Petitioner sued respondents...

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