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  • Essay / DeShaney v. Winnebago County Department of Social...

    DeShaney v. Winnebago County was a landmark Supreme Court case that was decided in February 1989. The case revolved around Joshua DeShaney, an allegedly abused child. by his father, Randy DeShaney. In 1980, Joshua's parents divorced and his father was granted sole custody. In 1983, Joshua was hospitalized for alleged abuse at the hands of his father. The Winnebago County Department of Social Services became involved and four-year-old Joshua DeShaney was kept in the hospital for three days. However, "upon the recommendation of a 'child protection team,' consisting of a pediatrician, a psychologist, a police detective, the county attorney, several DSS social workers and various hospital staff, the juvenile court dismissed the case and sent the boy back to the hospital. custody of his father. (United States Supreme Court). Over the next year, the Winnebago Department of Social Services visited the DeShaneys' home five times and each time, suspicions of child abuse were reported. In January and March 1984, Joshua was reported to be too ill to be visited by social services for his fortnightly checkups. Obviously, he had been beaten to the point of falling into a coma, putting his life in danger by his father. Emergency brain surgery revealed Joshua was suffering from a series of serious brain haemorrhages caused by head injuries inflicted over a long period of time. Joshua DeShaney survived, but suffered severe brain damage and is never expected to fully recover. Joshua DeShaney's mother filed a lawsuit on his behalf, claiming that because DSS took no action to prevent the violence affecting her son, they violated his right to liberty without the due process afforded to him. guaranteed by the Fourteenth Amendment. Joshua's mother sued under "42 USC 1983, alleg...... middle of paper ......nnebago County." Wikipedia. Np, 10 12 13. Web. January 10, 2014. .Supreme Court of the United States, .Np .Web January 10, 2014. .Strauss, P.. Web January 10, 2014. .Cornell, January 10, 2014. .Estelle v. Gamble." Wikipedia, 29 10 13. Web. Jan 2014. .