James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit, and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia. Photo: Diego M. Radzinschi/ALM Child Protective Law Doesn't Entitle Mother to Recover Against Agency for Son's Fatal Neglect, 3rd Circ. Rules
Despite Coon relying on the agency's duty of protecting children after abuse is reported, the panel said a victim cannot demand enforcement of the statute or penalize an agency.
August 06, 2024 at 09:00 AM
3 minute read
What You Need to Know
- A mother's state court claims against Lebanon County will continue in state court.
- The Third Circuit affirmed the dismissal of her federal due process claims against the defendants.
- The lawsuit came after Sara Coon's son died from neglect while in a locked room at his father's house.
A mother's lawsuit against Lebanon County and several county officials will return to state court, the U.S. Court of Appeals for the Third Circuit held Monday, after it affirmed the dismissal of her federal due process claims and said the state's statutory language did not give victims a property right to enforce the duty to protect her son.
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