No good faith; no immunity for abuse report
Jul 22nd, 2010 by Barbara L. Jones
A family that says it was defamed by a neighbor who made an allegedly false report of child abuse may proceed with a lawsuit because there is a fact question about whether the neighbor made the report in good faith, a unanimous Supreme Court has ruled.The decision reverses the Ramsey County District Court and the Court of Appeals, which said that the defendant was entitled to statutory immunity for reports of suspected child abuse made in good faith.
The Supreme Court said that the neighbor did not report to authorities until after she was contacted by an attorney for the plaintiffs, who believed that the neighbor had told others that the daughter in the family was being abused by the son. It also said that she was not entitled to immunity for communications not made as a part of an official report.
The case is J. E. B. et al. v. Danks. See the upcoming edition of Minnesota Lawyer for complete coverage.
