Nelson v. Missouri Division of Family Services
Nelson v. Missouri Division of Family Services
Opinion of the Court
Plaintiffs appeal the judgment of the district court
The complaint seeking damages in this diversity case alleges that appellees, various officials and employees of the Missouri Division of Family Services (DFS), failed to investigate adequately reports that the Nel
Pursuant to Mo.Ann.Stat. § 210.145, DFS operates a “hotline” through which persons can report known or suspected instances of child abuse. Upon receiving a hotline report, DFS is required to conduct a “thorough investigation” within twenty-four hours. Id. DFS allegedly received several hotline calls concerning the Nelson children, but it appears that only two were investigated, one in November, 1978, and the second in May, 1979. The callers in both instances identified the Nelson children and gave information as to the nature of the alleged abuse and the names of witnesses.
The state defendants filed a motion for summary judgment on the grounds of immunity and failure to state a claim upon which relief can be granted. The district court did not address the issue of immunity but granted the motion on the ground that the defendants, as officials and employees of DFS, owed no duty to plaintiffs, a fundamental prerequisite to establishing negligence.
Appellants attempt to distinguish Parker on the ground that the gambling statute in that case was a criminal statute intended to benefit the general public, whereas the civil statute in the present case is intended primarily to benefit a special class, abused children. See generally, Krause, Child Abuse and Neglect Reporting Legislation in Missouri, 42 Mo.L.Rev. 207 (1977). On this basis, appellants urge this court to conclude that the statute requiring DFS to conduct a thorough investigation within twenty-four hours of a hotline call creates a duty to the children who are reportedly abused.
Although we think that appellants’ distinction between Parker and the present case is not without some merit, see Oleszc-zuk v. State, 124 Ariz. 373, 604 P.2d 637, 640 (Ariz. 1979) (en banc) (distinguishing general law enforcement duties of police officers from specific duty created by statute prohibiting issuance of driver’s license to per
Furthermore, we are guided by the principle that the interpretation of state law by a district judge sitting in that forum is entitled to substantial deference in the absence of controlling state precedent. Renfroe v. Eli Lilly & Co., 686 F.2d 642, 648 (8th Cir. 1982). Although appellants rely on several cases in other jurisdictions wherein the courts found a specific duty to individual plaintiffs in circumstances arguably analogous to the present case, see, e.g., Oleszczuk v. State, supra; Halvorson v. Dahl, 89 Wash.2d 673, 574 P.2d 1190 (Wash. 1978); Adams v. State, 555 P.2d 235 (Alaska 1976); Bronaugh v. Murray, 294 Ky. 715, 172 S.W.2d 591 (Ky. 1943), Parker is the only case of which this court is aware wherein the Missouri Supreme Court has addressed the issue of the public duty rule. Because we do not consider the district court’s decision contrary to the principles set forth in Parker, we decline to reverse.
Accordingly, the judgment of the district court is affirmed.
. The Honorable John W. Oliver, United States Senior District Judge, Western District of Missouri.
. Appellants allege that the callers informed DFS that Tammy Nelson was being sold by her mother to an older man for. the purpose of having sex, and that Audrey Nelson, the children’s mother, forced her children to watch her perform sex acts with various partners and perhaps forced them to participate.
. The original complaint included several defendants who were dismissed after the district court entered an order granting summary judgment to the state defendants. After the dismissal of these other defendants, final judgment was entered and this appeal followed.
. The court in Oleszczuk distinguished Massen-gill v. Yuma County, 104 Ariz. 518, 456 P.2d 376 (Ariz. 1969), cited by the district court in the present case, as involving a general criminal statute.
Reference
- Full Case Name
- Amy NELSON, By her next friend, Robert J. WHARTON Frank Nelson, by his next friend, Robert J. Wharton Mike Nelson, by his next friend, Robert J. Wharton and James A. Nelson v. MISSOURI DIVISION OF FAMILY SERVICES, David R. Freeman, individually and as State Director J. Joseph Lewis, individually and as director of the Jackson County Office Anita Donaldson, individually and as an investigator for the Jackson County Office Ertha Keatings, individually and as an investigator for the Jackson County Office Dinah White, individually and as an investigator for the Jackson County Office, Audrey Nelson Theodore O. Gulley John Doe, Number One John Doe, Number Two John Doe, Number Three
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