A federal judge has dismissed an Indiana family’s case against the Department of Child Services after they alleged the state agency violated their civil rights when it wrongfully took away their children for nearly a year based on the faulty conclusions of child abuse physicians at Riley Children’s Hospital in Indianapolis.
U.S. District Court in the Southern District of Indiana Judge James Sweeney II dismissed the case with prejudice, meaning the family can’t refile it, stating that the doctors and DCS were entitled to qualified immunity in this case, which protects government officials from lawsuits and liability when found to be acting reasonably.
The family’s attorney, from Indianapolis law firm Johnson Jensen Williams, said in a statement that “immunity doctrines protected these defendants from the consequences of the irresponsible ways that they wielded governmental power.”
The Phillips’ sued DCS caseworkers and Riley pediatricians in November, alleging that the agency and hospital violated their Fourth and Fourteenth Amendment rights, which protect against unreasonable seizure and guarantee due process, respectively.
The claim stemmed from a 2022 emergency room visit where their daughter’s rare genetic disease was mistaken by doctors for abuse, resulting in a nearly year-long family separation.
The family’s attorney, Brad Catlin, said in the statement that the concept of qualified immunity wrongly shields government employees like DCS workers from accountability.
“These immunities formed an impenetrable wall, leaving the Phillips with trauma but no legal remedy,” Catlin said. “This case is not an anomaly. Across Indiana, DCS employees routinely violate state standards. And this does real and lasting harm to Indiana families. Yet Indiana families cannot do anything about it.”
DCS spokesman Ron Green said the agency would not comment on the case’s dismissal. Riley Hospital didn’t immediately respond to IndyStar’s request for comment.
The Phillips’ daughters were eventually returned to the family after a 347-day separation when a judge dismissed DCS’s child abuse case, finding that the agency ultimately failed to prove the children were abused or neglected.
Since then the family has testified at the Indiana Statehouse, advocating for increased parental rights during DCS proceedings. They supported a new law this year that would forbid government agencies, including DCS and schools, from denying parents access to certain information about their children.
“Our efforts do not end here,” Grant Phillips wrote in a statement posted on his social media account on April 23 after the case’s dismissal. “We remain committed to clearing our names of a wrongful agency substantiation, pursuing justice, and advocating for meaningful change so that other families are not subjected to similar experiences.”
Contact investigative reporter Hayleigh Colombo at hcolombo@indystar.com or follow her on X @hayleighcolombo.
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This article originally appeared on Indianapolis Star: Judge dismisses Indiana family’s case against DCS, Riley doctors
Reporting by Hayleigh Colombo, Indianapolis Star / Indianapolis Star
USA TODAY Network via Reuters Connect
