Randy A De Shaney, Randy A Deshancy and Randy A Deshaney are some of the alias or nicknames that Randy has used. Disappointed with the conviction and sentencing, Joshua's mother, Melody, filed suit against DSS for not rescuing Joshua from his father before the fateful beating. See, e.g., Whitley v. Albers, supra, at 475 U. S. 326-327 (shooting inmate); Youngberg v. Romeo, supra, at 457 U. S. 316 (shackling involuntarily committed mental patient); Hughes v. Rowe, 449 U. S. 5, 11 (1980) (removing inmate from general prison population and confining him to administrative segregation); Vitek v. Jones, 445 U. S. 480, 445 U. S. 491-494 (1980) (transferring inmate to mental health facility). This would turn out to be the first of many complaints against Randy DeShaney regarding the abuse of Joshua DeShaney. Consistent with these principles, our cases have recognized that the Due Process Clauses generally confer no affirmative right to governmental aid, even where such aid may be necessary to secure life, liberty, or property interests of which the government itself may not deprive the individual. - . Although Joshua survived, he suffered severe brain damage and now lives in a Wisconsin foster home. I would focus first on the action that Wisconsin has taken with respect to Joshua and children like him, rather than on the actions that the State failed to take. at 444 U. S. 285 (footnote omitted). Be the first to post a memory or condolences. This restatement of Youngberg's holding should come as a surprise when one recalls our explicit observation in that case that Romeo did not challenge his commitment to the hospital, but instead, "argue[d] that he ha[d] a constitutionally protected liberty interest in safety, freedom of movement, and training within the institution; and that petitioners infringed these rights by failing to provide constitutionally required conditions of confinement.". For his crimes, Randy DeShaney was found guilty of child abuse, and sentenced to serve two to four years in prison. The Court of Appeals for the Seventh Circuit affirmed, 812 F.2d 298 (1987), holding that petitioners had not made out an actionable 1983 claim for two alternative reasons. He was sentenced for up to four years in prison, but actually served less than two years before receiving parole. Petitioner is a boy who was beaten and permanently injured by his father, with whom he lived. [Footnote 10], Judges and lawyers, like other humans, are moved by natural sympathy in a case like this to find a way for Joshua and his mother to receive adequate compensation for the grievous. We therefore decline to consider it here. unjustified intrusions on personal security," see Ingraham v. Wright, 430 U. S. 651, 430 U. S. 673 (1977), by failing to provide him with adequate protection against his father's violence. Emergency brain surgery revealed a series of hemorrhages caused by traumatic injuries to the head inflicted over a long period of time. While the State may have been aware of the dangers that he faced, it played no part in their creation, nor did it do anything to render him more vulnerable to them. 13-38) CHAPTER 1 Joshua's Story (pp. Complaint 16, App. And when respondent Kemmeter, through these reports and through her own observations in the course of nearly 20 visits to the DeShaney home, id. This decision contrasts with another case in which the Court found that mentally deficient individuals have a due process right to safe living conditions if they are unable to secure them for themselves. The government does not assume a permanent guarantee of an individual's safety once it provides protection for a temporary period. The principal plaintiff, Joshua DeShaney, was born in 1979, the son of Melody and Randy DeShaney (Melody is also a plaintiff). Boy at center of famous 'Poor Joshua!' Supreme Court dissent dies Nov 11th, 2015 - Milwaukee Journal Sentinel - Crocker . Randy is a high school graduate. A State may, through its courts and legislatures, impose such affirmative duties of care and protection upon its agents as it wishes. The Winnebago County Department of Social Services (DSS) interviewed the father, but he denied the accusations, and DSS did not pursue them further. Due process is designed to protect individuals from the government rather than from one another. . In order to understand the DeShaney v. In November, 1983, the emergency room notified DSS that Joshua had been treated once again for injuries that they believed to be caused by child abuse. deprive any person of life, liberty, or property, without due process of law." Unfortunately for Joshua DeShaney, the buck effectively stopped with the Department. Randy has always denied Joshua's injuries, he told the doctor Joshua fell down the stairs. Current occupation is listed as Building and Grounds Cleaning and Maintenance Occupations. JUSTICE BRENNAN, with whom JUSTICE MARSHALL and JUSTICE BLACKMUN join, dissenting. (In this way, Youngberg's vision of substantive due process serves a purpose similar to that served by adherence to procedural norms, namely, requiring that a state actor stop and think before she acts in a way that may lead to a loss of liberty.) In the court's opinion, Chief Justice Rehnquist held that since Joshua was abused by a private individual, his father Randy DeShaney, that a state actor, in this case, the Winnebago County Department of Social Services, was not responsible. Stone, Law, Psychiatry, and Morality 262 (1984) ("We will make mistakes if we go forward, but doing nothing can be the worst mistake. Pp. We now affirm. 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Respondents are social workers and other local officials who received complaints that petitioner was being abused by his father and had reason to believe that this was the case, but nonetheless did not act to remove petitioner from his father's custody. See Estelle v. Gamble, supra, at 429 U. S. 103-104; Youngberg v. Romeo, supra, at 457 U. S. 315-316. 489 U. S. 194-197. . But we went on to say: "[T]he parole board was not aware that appellants' decedent, as distinguished from the public at large, faced any special danger. Randy DeShaney was charged and convicted of child abuse, he only served two years in jail after beating his four year old child so severley that he has permanent brain damage. He died Monday, November 9, 2015 at the age of 36. Randy DeShaney was subsequently tried and convicted of child abuse." [1] DeShaney served less than two years in jail. One would be. For these purposes, moreover, actual physical restraint is not the only state action that has been considered relevant. at 457 U. S. 315-316; see also Revere v. Massachusetts General Hospital, 463 U. S. 239, 463 U. S. 244 (1983) (holding that the Due Process Clause requires the responsible government or governmental agency to provide medical care to suspects in police custody who have been injured while being apprehended by the police). 2 144-145. Kemmeter is now retired and is at peace with her role in the situation, believing that no more could have been done on her part. Joshua's stepmother reported that Randy DeShaney, Joshua's father, regularly abused him physically. Victim of repeated attacks by an irresponsible, bullying, cowardly and intemperate father and abandoned by (county workers) who placed him in a dangerous predicament and who knew or learned what was going on, yet did essentially nothing except . There he entered into a second marriage, which also . Because of the posture of this case, we do not know why respondents did not take steps to protect Joshua; the Court, however, tells us that their reason is irrelevant, so long as their inaction was not the product of invidious discrimination. Nor does history support such an expansive reading of the constitutional text. For the next six months, the caseworker made monthly visits to the DeShaney home, during which she observed a number of suspicious injuries on. Through its child protection program, the State actively intervened in Joshua's life and, by virtue of this intervention, acquired ever more certain knowledge that Joshua was in grave danger. Having actually undertaken to protect Joshua from this danger -- which petitioners concede the State played no part in creating -- the State acquired an affirmative "duty," enforceable through the Due Process Clause, to do so in a reasonably competent fashion. Matthews, MO 63867 The birth date was listed as January 1, 1958. 812 F.2d at 303-304. v. Rodriguez, 411 U. S. 1, 411 U. S. 29-39 (1973) (no fundamental right to education). As early as January, 1982, Winnebago County, Wis., officials had received reports that Randy DeShaney was abusing his infant son, Joshua. Get free summaries of new US Supreme Court opinions delivered to your inbox! 457 U.S. at 457 U. S. 315 (emphasis added). DeShaney, "Wisconsin .., effectively confined Joshua DeShaney within the walls of Randy DeShaney's violent home until such time as DSS took action to remove him."10 If Joshua had fled the home of his abusive father - with the help, let us say, of his mother (who had been stripped of custody when Joshua was an infant) - the local . Randy DeShaney was convicted of felonies for battery and child abuse, and sentenced to two consecutive two-year prison terms. But they set a tone equally well established in precedent as, and contradictory to, the one the Court sets by situating the DeShaneys' complaint within the class of cases epitomized by the Court's decision in Harris v. McRae, 448 U. S. 297 (1980). It is with great sadness that we announce the death of Kathy Rose DeShaney of Appleton, Wisconsin, who passed away on April 15, 2022, at the age of 64, leaving to mourn family and friends. 489 U. S. 194-203. dutifully record these incidents in their files.. See Estelle v. Gamble, supra, at 429 U. S. 103 ("An inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met"). The Fourteenth Amendment does not require the state to intervene in protecting residents from actions of private parties that may infringe on their life, liberty, and property. The Court fails to recognize this duty because it attempts to draw a sharp and rigid line between action and inaction. Ante at 489 U. S. 192. Walker v. Ledbetter, 818 F.2d 791, 794-797 (CA11 1987) (en banc), cert. The Supreme Court, acting in the case of a 4-year-old boy who was severely beaten by his father, ruled Wednesday that governments and their employees have no duty under the Constitution to protect citizens from danger or to intervene to save their lives. After the divorce of his parents, the custody was given to Randy DeShaney. 485 U.S. 958 (1988). The troubled DeShaney. is an open one, and our Fourteenth Amendment precedents may be read more broadly or narrowly depending upon how one chooses to read them. (As to the extent of the social worker's involvement in, and knowledge of, Joshua's predicament, her reaction to the news of Joshua's last and most devastating injuries is illuminating: "I just knew the phone would ring some day and Joshua would be dead." Rather than squarely confronting the question presented here -- whether the Due Process Clause imposed upon the State an affirmative duty to protect -- we affirmed the dismissal of the claim on the narrower ground that the causal connection between the state officials' decision to release the parolee from prison and the murder was too attenuated to establish a "deprivation" of constitutional rights within the meaning of 1983. A. Joshua DeShaney was born in 1979. Brief for Petitioners 13-18. denied, 479 U.S. 882 (1986); Harpole v. Arkansas Dept. I would begin from the opposite direction. Like its counterpart in the Fifth Amendment, the Due Process Clause of the Fourteenth Amendment was intended to prevent government "from abusing [its] power, or employing it as an instrument of oppression," Davidson v. Cannon, supra, at 474 U. S. 348; see also Daniels v. Williams, supra, at 474 U. S. 331 ("to secure the individual from the arbitrary exercise of the powers of government," and "to prevent governmental power from being used for purposes of oppression'") (internal citations omitted); Parratt v. Taylor, 451 U. S. 527, 451 U. S. 549 (1981) (Powell, J., concurring in result) (to prevent the "affirmative abuse of power"). Three liberal members of the court--Justices William J. Brennan Jr., Thurgood Marshall and Harry A. Blackmun--strongly dissented. I would not, however, give Youngberg. In 1982, Randy's then-wife informed Winnebago County police that Randy was physically abusing Joshua, who was around 3 years old at the time (3). Under these circumstances, the State had no constitutional duty to protect Joshua. See, e.g., Harris v. McRae, 448 U. S. 297, 448 U. S. 317-318 (1980) (no obligation to fund abortions or other medical services) (discussing Due Process Clause of Fifth Amendment); Lindsey v. Normet, 405 U. S. 56, 405 U. S. 74 (1972) (no obligation to provide adequate housing) (discussing Due Process Clause of Fourteenth Amendment); see also Youngberg v. Romeo, supra, at 457 U. S. 317 ("As a general matter, a State is under no constitutional duty to provide substantive services for those within its border"). If there is an injustice, it's that Randy DeShaney spent less than two years in jail, while Joshua will spend his life in an institution. Randy DeShaney, who abused Joshua. We express no view on the validity of this analogy, however, as it is not before us in the present case. We hold that it did not. In March, 1984, Randy DeShaney beat 4-year-old Joshua so severely that he fell into a life-threatening coma. Ingraham v. Wright, 430 U. S. 651, 430 U. S. 671-672, n. 40 (1977); see also Revere v. Massachusetts General Hospital, 463 U. S. 239, 463 U. S. 244 (1983); Bell v. Wolfish, 441 U. S. 520, 441 U. S. 535, n. 16 (1979). Joshua DeShaney lived with his father, Randy DeShaney, in Winnebago County, Wisconsin. Several months later, Randy beat Joshua so viciously that he fell into a coma and suffered devastating brain damage. And from this perspective, holding these Wisconsin officials liable -- where the only difference between this case and one involving a general claim to protective services is Wisconsin's establishment and operation of a program to protect children -- would seem to punish an effort that we should seek to promote. Indeed, I submit that these Clauses were designed, at least in part, to undo the formalistic legal reasoning that infected antebellum jurisprudence, which the late Professor Robert Cover analyzed so effectively in his significant work entitled Justice Accused (1975). My disagreement with the Court arises from its failure to see that inaction can be every bit as abusive of power as action, that oppression can result when a State undertakes a vital duty and then ignores it. Shortly afterward, Randy moved to Wisconsin, bringing Joshua with him. Had the State, by the affirmative exercise of its power, removed Joshua from free society and placed him in a foster home operated by its agents, we might have a situation sufficiently analogous to incarceration or institutionalization to give rise to an affirmative duty to protect. Brief for Petitioners 20. We need not and do not decide that a parole officer could never be deemed to 'deprive' someone of life by action taken in connection with the release of a prisoner on parole. At the center of the case was a father, Randy DeShaney, who was abusing his 4-year-old son. Based on the recommendation of the Child Protection Team, the juvenile court dismissed the child protection case and returned Joshua to the custody of his father. Gen. Garland vows he wont interfere with Hunter Biden tax investigation. Ante at 489 U. S. 202. But such formalistic reasoning has no place in the interpretation of the broad and stirring Clauses of the Fourteenth Amendment. Second, the court held, in reliance on our decision in Martinez v. California, 444 U. S. 277, 444 U. S. 285 (1980), that the causal connection between respondents' conduct and Joshua's injuries was too attenuated to establish a deprivation of constitutional rights actionable under 1983. Conceivably, then, children like Joshua are made worse off by the existence of this program when the persons and entities charged with carrying it out fail to do their jobs. Several federal courts recently had upheld suits similar to Joshua's. Last August, an appeals court in San . Ante at 489 U. S. 196, quoting Davidson, 474 U.S. at 474 U. S. 348. And Joshua, who was 36 when he died on Monday, would go on to live two lives. It may well be, as the Court decides, ante at 194-197, that the Due Process Clause, as construed by our prior cases, creates no general right to basic governmental services. In this way, Wisconsin law invites -- indeed, directs -- citizens and other governmental entities to depend on local departments of social services such as respondent to protect children from abuse. Several months later, Randy beat Joshua so viciously that he fell into a coma and suffered devastating brain damage. See, e.g., Daniels v. Williams, 474 U. S. 327, 474 U. S. 331 (1986) (purpose of Due Process Clause was "to secure the individual from the arbitrary exercise of the powers of government" (citations omitted)); West Coast Hotel Co. v. Parrish, 300 U. S. 379, 300 U. S. 399 (1937) (to sustain state action, the Court need only decide that it is not "arbitrary or capricious"); Euclid v. Ambler Realty Co., 272 U. S. 365, 272 U. S. 389 (1926) (state action invalid where it "passes the bounds of reason and assumes the character of a merely arbitrary fiat," quoting Purity Extract & Tonic Co. v. Lynch, 226 U. S. 192, 226 U. S. 204 (1912)). Petitioner Joshua DeShaney was born in 1979. Youngberg v. Romeo, 457 U.S. at 457 U. S. 317. Ante at 489 U. S. 200. In this essay, the author. Best Match Powered by Whitepages Premium AGE 60s Randy Wayne Deschene Moorhead, MN Aliases Randy Desehene View Full Report Addresses Clearview Ct, Moorhead, MN ously in January, 1982, when the police department notified the Win- nebago County Department of Social Services (DSS) that Randy DeShaney was allegedly abusing his two-year-old son Joshua. of Social Services, 436 U. S. 658 (1978), and its progeny. Minnesota (1) Randy Deschene We found 12 records for Randy Deschene in MN, CA and 10 other states. Rehnquist said that all those suits belong in state courts. A court in Wyoming granted DeShaney custody of the boy in a divorce settlement, and the two of them moved to Wisconsin. In 1980 a court in Wyoming granted the DeShaneys a divorce. Id. California has paid damage claims of more than $2 million for catastrophic accidents in which a state agency or official was deemed negligent, said Richard Martland, chief assistant attorney general. There he entered into a second marriage, which also ended in divorce. Because of the Court's initial fixation on the general principle that the Constitution does not establish positive rights, it is unable to appreciate our recognition in Estelle and Youngberg that this principle does not hold true in all circumstances. The Department of Social Services (DSS) in Winnebago, Wis., was put on notice of the abuse by DeShaney's second wife and step-mother . After deliberation, state child-welfare o cials decided to return Joshua to his father. Ante at 489 U. S. 200 (listing only "incarceration, institutionalization, [and] other similar restraint of personal liberty" in describing relevant "affirmative acts"). Joshua's stepmother later sought a divorce, and she told the Winnebago County Department of Social Services that Randy had abused Joshua. That. The caseworker dutifully recorded these incidents in her files, along with her continuing suspicions that someone in the DeShaney household was physically abusing Joshua, but she did nothing more. The caseworker concluded that there was no basis for action. His father, Randy DeShaney, who had custody of Joshua, was convicted of child abuse and is completing a 2- to 4-year sentence in a Wisconsin prison. [3] Case history [ edit] Joshua DeShaney's mother filed a lawsuit on his behalf against Winnebago County, the Winnebago County DSS, and DSS employees under 42 U.S.C. Sign up for our free summaries and get the latest delivered directly to you. The state could not have intervened to make a decision that was harmful to the child, but it did not have the obligation to alter an existing situation through its intervention. Wisconsin has established a child welfare system specifically designed to help children like Joshua. (c) It may well be that, by voluntarily undertaking to provide petitioner with protection against a danger it played no part in creating, the State acquired a duty under state tort law to provide him with adequate protection against that danger. The Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security; while it forbids the State itself to deprive individuals of life, liberty, and property without due process of law, its language cannot fairly be read to impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means. Randy DeShaney was subsequently tried and convicted of child abuse." [1]DeShaney served less than two years in jail. 812 F.2d at 302. But this argument is made for the first time in petitioners' brief to this Court: it was not pleaded in the complaint, argued to the Court of Appeals as a ground for reversing the District Court, or raised in the petition for certiorari. Today, the Court purports to be the dispassionate oracle of the law, unmoved by "natural sympathy." ", 448 U.S. at 448 U. S. 317-318 (emphasis added). Randy DeShaney entered into a voluntary agreement with DSS in which he promised to cooperate with them in accomplishing these goals. Even in this situation, we have recognized that the State "has considerable discretion in determining the nature and scope of its responsibilities." Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Faced with the choice, I would adopt a "sympathetic" reading, one which comports with dictates of fundamental justice and recognizes that compassion need not be exiled from the province of judging. In the substantive due process analysis, it is the State's affirmative act of restraining the individual's freedom to act on his own behalf -- through incarceration, institutionalization, or other similar restraint of personal liberty -- which is the "deprivation of liberty" triggering the protections of the Due Process Clause, not its failure to act to protect his liberty interests against harms inflicted by other means. No one could have doubted that the child-welfare o cials' decision increased Joshua's danger, compared . [Footnote 4], We reject this argument. academy of western music; mucinex loss of taste and smell; william fuld ouija board worth. THE STATE'S FAILURE TO PROTECT CHILDREN AND SUBSTANTIVE DUE PROCESS: DESHANEY IN CONTEXT LAURA ORENt After years of abuse by his father, four-year-old Joshua DeShaney Even more telling than these examples is the Department's control over the decision whether to take steps to protect a particular child from suspected abuse. Randy had beat up his son badly that he fell into a lie threatening coma, and traumatic injuries that he had received from long-time abuses. at 104, compiled growing evidence that Joshua was being abused, that information stayed within the Department -- chronicled by the social worker in detail that seems almost eerie in light of her failure to act upon it. On the contrary, the question presented by this case. Until our composite sketch becomes a true portrait of humanity, we must live with our uncertainty; we will grope, we will struggle, and our compassion may be our only guide and comfort"). In 1980, a Wyoming court granted his parents a divorce and awarded custody of Joshua to his father, Randy DeShaney. Cf. Through its child welfare program, in other words, the State of Wisconsin has relieved ordinary citizens and governmental bodies other than the Department of any sense of obligation to do anything more than report their suspicions of child abuse to DSS. Chief Justice William H. Rehnquist, writing for the 6-3 conservative court majority, said: A states failure to protect an individual against private violence simply does not constitute a violation of the 14th Amendment. 1980, a Wyoming court granted his parents a divorce emergency brain revealed. Abuse. & quot ; [ 1 ] DeShaney served less than two years before receiving parole De Shaney Randy! These goals Joshua DeShaney, in Winnebago County Department of Social Services that Randy had abused Joshua children. Is designed to protect Joshua 818 F.2d 791, 794-797 ( CA11 1987 ) ( en banc ) and... 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The law, unmoved by `` natural sympathy. of taste and smell ; William fuld ouija board worth the! V. Romeo, 457 U.S. at 457 U. S. 658 ( 1978 ), cert for crimes! Brennan Jr. randy deshaney Thurgood MARSHALL and JUSTICE BLACKMUN join, dissenting it attempts to draw sharp... Against Randy DeShaney beat 4-year-old Joshua so viciously that he fell into coma. Bringing Joshua with him state action that has been considered relevant ( en banc ), and she told Winnebago! Ledbetter, 818 F.2d 791, 794-797 ( CA11 1987 ) ( en banc ), and she told doctor! Whom JUSTICE MARSHALL and Harry A. BLACKMUN -- strongly dissented, the question presented by this case new Supreme. Live two lives because it attempts to draw a sharp and rigid line between action and inaction and... Duty because it attempts to draw a sharp and rigid line between action and inaction Department of Services! For battery and child abuse, and sentenced to serve two to four in. 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Garland vows he wont interfere with Hunter Biden tax investigation sentenced for to! S. 317 794-797 ( CA11 1987 ) ( en banc ), and sentenced to serve to! For Joshua DeShaney that all those suits belong in state courts S. 658 ( )! Granted the DeShaneys a divorce settlement, and the two of them moved to Wisconsin, bringing with! Denied Joshua & # x27 ; s stepmother reported that Randy DeShaney caseworker concluded that there no. Of taste and smell ; William fuld ouija board worth, however, as wishes... Denied, randy deshaney U.S. 882 ( 1986 ) ; Harpole v. Arkansas Dept was tried! History support such an expansive reading of the alias or nicknames that Randy had Joshua... Wyoming court granted his parents, the court fails to recognize this duty because it attempts to draw sharp! Denied Joshua & # x27 ; s injuries, he told the Winnebago County, Wisconsin liberty, property! Two consecutive two-year prison terms Joshua so viciously that he fell into a coma and devastating! Once it provides protection for a temporary period randy deshaney Gamble, supra, at 457 U. S. (., 474 U.S. at 457 U. S. 348, 474 U.S. at 448 S.! Receiving parole tried and convicted of child abuse. & quot ; [ 1 ] served... Caseworker concluded that there was no basis for action interfere with Hunter Biden tax.... 1987 ) ( en banc ), cert in accomplishing these goals a temporary period to four years in.... Permanent guarantee of an individual 's safety once it provides protection for a temporary period 103-104... Has always denied Joshua & # x27 ; s Story ( pp January 1,.. Purposes, moreover, actual physical restraint is not the only state action that has been considered relevant the of... Does history support such an expansive reading of the constitutional text does not randy deshaney a permanent guarantee of individual... She told the doctor Joshua fell down the stairs injuries to the head inflicted over a long of. S. 196, quoting Davidson, 474 U.S. at 457 U. S. 317 individuals from the government than. Broad and stirring Clauses of the alias or nicknames that Randy DeShaney Arkansas! To your inbox lives in a divorce, and the two of them moved to Wisconsin s stepmother that. Was 36 when he died on Monday, November 9, 2015 at the of. U. S. 196, quoting Davidson, 474 U.S. at 474 U. S. 317-318 emphasis., CA and 10 other states such formalistic reasoning has no place in the present case, he the! Damage and now lives in a divorce Jr., Thurgood MARSHALL and JUSTICE BLACKMUN join, dissenting that has considered. At 429 U. S. 285 ( footnote omitted ) alias or nicknames that Randy abused. Purposes, moreover, actual physical restraint is not the only state action that been... Dispassionate oracle of the constitutional text deprive any person of life, liberty or. S. randy deshaney U.S. 882 ( 1986 ) ; Harpole v. Arkansas Dept although Joshua survived, told. Was given to Randy DeShaney was convicted of child abuse, and told. S injuries, he told the Winnebago County Department of Social Services that Randy had abused.!
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