The federal appeals court in Atlanta on Friday dismissed a lawsuit filed by a woman whose 5-year-old son was molested by a teenager after he was placed in a Cherokee County home by state social workers.
The woman, identified in the ruling as "Jane Doe," filed suit after learning a psychologist had previously prepared a report noting that the 16-year-old had been accused of inappropriate touching and other unusual sexual conduct. The report also recommended the teen not be left alone with other children.
Before moving into the Cherokee County home, the teenager had been living in a foster home in Laurens County where there were reports of inappropriate conduct, such as the teen being physically violent and threatening to peers and adults, according to court documents.
In December 2004, the teenager moved into the Cherokee County home to live with his adoptive parents and where their daughter -- Jane Doe -- and her 5-year-old son also lived. In June 2005, Jane Doe learned from her son that he had been sexually abused by the teenager, who was then arrested and removed from the home, the court's decision said.
In November 2010, U.S. District Judge Charles Pannell Jr. in Atlanta allowed the case to proceed to trial, denying a motion filed by the social workers to dismiss the lawsuit. But the 11th U.S. Circuit Court of Appeals reversed that decision and granted immunity to the social workers, saying no prior court rulings had declared such conduct unlawful.
About the Author
