Utah Officials Immune from Liability for Alleged Assault by Foster Child

Vol 30 No 7

J.W. v. Utah, 2011 WL 3134779 (10th Cir.).

State and child welfare agency officials were immune from liability from state negligence and Fourteenth Amendment claims by foster parents after foster child allegedly abused another child in their home. Battery exception gave state and its employees protection from state negligence claims since the alleged harm resulted from assault or battery. Absent showing that caseworker failed to exercise professional judgment when placing child, plaintiffs were unable to establish Fourteenth Amendment due process violation.

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