DESHANEY V. WINNEBAGO COUNTY SOCIAL SERVICES (1989)
Four-year-old Joshua DeShaney lived with his father, who physically abused him, in Neenah, Wisconsin. At one point, the State Department of Social Services took custody of Joshua but returned him after three days. Later, Joshua was hospitalized with bruises all over his body and severe brain damage. He survived, but was permanently paralyzed and mentally disabled. His father was convicted of child abuse and sent to prison. Joshua's mother sued the Department of Social Services for returning him to his father. She argued that the department had a duty to protect her son under the Fourteenth Amendment, which forbids the state from depriving "any person of life, liberty, or property, without due process of law."
[HOW DO YOU THINK THE SUPREME COURT RULED ON THIS CASE?] [DO YOU BELIEVE THE MOTHER HAS A VALID CASE? EXPLAIN]
posted by Mr. Turk at 10:30 PM
81 Comments:
they should of took him and not have given him back so they goin have to fork up some cash son
7:57 AM
they rule that he is a guilty. she doesnt have case
7:59 AM
i believe she does for the fact that their are child labor laws and it is best that she gets custody of him
7:59 AM
I think that it was wrong for them to return Joshua Deshaney to live with his father after all the damage did to him oveously it was putting his life in harms way. Yes i do beilve that the mother has a valid case because not let alone is her son been harmed on sooooo many different levels he will never be the same then he was sent back to his father witch has done this damage to him.. it don't really make sence.
8:00 AM
i think the supreme court will rule in favor of the mother. she has a valid case cause her son was obvesly being beat but they gave the kid back any way
8:00 AM
I think the court ruling was fair. But, I do believe the mother has a valid case because they should'nt have returned the child to the father if there was suspicion of child abuse.
8:01 AM
They should have sent him to another family member since the mother couldnt take care of him and the father kept abusing him. So now they will have to do what they didnt wanna do and that is take care of him 24/7
8:01 AM
I don't think that the supreme court ruled this case with much cair. Yes i think that the mother had a valid case because if the Joshua had marks of abuse the court should have done something.
8:01 AM
I think that so wrong for the mother had her son return o his because he did treat son good and he was a abuse dad. they should if took him to a foster care.
8:02 AM
I think they ruled towards the father because they gave him the boy back even though they took him from there once so its mostly their fault.. i do believe that the mother do have a valid case against them because the court should had looked at everything before they gave him back to the father.
8:03 AM
i think they made a bad decision to give him the child they should have checked out the circumstances before they gave the father the chid. Yes i think the mother had a valid case because she was right because they should have the child tooken away
8:03 AM
It all comes down to the money and i wish people would stop admiring so much. The supreme court had no right to give the boy back to his father when they knew he was serverly injured. The mother does had a valid case against the supreme court because it wasn't right at all but like i said its all about some stupid money
8:03 AM
1-I think the supreme court ruled this case constitutional because in the constitution we are to be protected by the government and the government faild to do so.
2-i believe the mother did, because the State Department of Social Services put her son indanger by putting him back with his father.
8:05 AM
The supreme court did not rule on her behalf she didn't have a vaild evidence aganist the deparment.
8:06 AM
I believe th supreme court ruled unairly. They knew what the father was capable of doing and they sent him back anyway.
I believe the mother has a valid case because even though the supreme court knew that the father was abusing the son, they sent him back to the father anyway! That was taking a risk in him hitting the child again. She doesnt want her son to be in any situation where he can be harmed and the government did the opposite by sending him where he was most likely going to be harmed. So I believe that she has the right to sue the Department Of Social Services beacuase they were the cause of her son being the way he is today!!! If they would've done their job the right way, her son woldnt be mentally disabled today!
8:07 AM
i dont think she will win because if he was in child services then obviously she wasnt doing anything for him rither.
8:45 AM
the court ruled in favor.... She does have a case because that is her chid that is being abused
8:48 AM
i think they ruled in favor of the mother, the mother case is very valid.
8:48 AM
i think they should of gave the son to his mom
8:49 AM
i think they should of gave the son to his mom
8:50 AM
bad. yes because her son was beaten half-way to death by her baby daddy
8:50 AM
Yes i Belive She has a case because your not aloud o abuse a child and they only took him for three days that woulnt make a difference they should have knew when he cam back he was gone get abuse again
8:51 AM
guilty yes she had a good case because its against the law
8:51 AM
it was stupid for them to return the son to the father when its obvious that he will just abuse him again. I think the mom did have a valid case for not wanting her son to be in a situation like that.
8:51 AM
they mostlikly ruled the father guilty for puting his child in danger. but on the other hand the mom does not realy have a case b/c even though the 14th does say that, she realy dont have a case in my mind
8:51 AM
I believe the mother has a valid case because her son was being abused and he didn't deserve it. I think the Supreme Court ruled the case unfairly and didn't really pay attention to what was happening to the boy.
8:52 AM
I think the court pleads guilty because of the fact that they knew that his father was abusin him and they sent him back probrably knowing that he would do it again.
8:52 AM
I think the court should have put more thought into what they were doing. I don't think that they should have returned the kid. yes I do believe the mother has a valid case.
8:52 AM
i dont think they should have given him back to his father so i think that she should get somthing for him going back to his father and his father should get attempted murder charges against him
8:52 AM
he is guilty,she do light wait got a case doe
8:52 AM
I think that she has a good valid judgement pertaining to the laws rulings. If he did it once what makes you think he won't do it three days later.
8:54 AM
they should have gave the son back to his mom because they don't have the right to say that she can't have her son back in her hands as a parent
8:54 AM
Yes she did because they never should have gave him back to his father.
8:54 AM
I think the court ruled to the best of their ability because obvisously the father didn't seem to impose a threat on the child they had no way of knowing because the have his word against a four year old child.They had there three days of investigation and found nothing then they would have to ask why doesn't the mother hav custody if she feared her childs' life.
8:54 AM
i agree
8:55 AM
I Truly believe that the court ruled on this case verywell by taking the boy away from his father that was abusing him, but then i dont. Yes i do believe the mother has a valid case because they took the boy from his father once and then sent him back to where he was going to get abused again.
8:57 AM
i think since the mpother see all of these things going on with her son that she should get custody of him
8:57 AM
I think that the supreme court was right for taking the kid, but was wrong for giving the kid back after visualy seeing that the boy got physically abused. i think the mother is going to win the case because they gave the son back to the father and because of the damage that was caused.
9:00 AM
I believe the court is going to rule in her favor and yes i do believe she has a valid case against the social services department.
9:01 AM
I think that the case is valid. the father should have not been able to gain custody again.
9:02 AM
I think she does because of child labor laws. she should get custody... ya dig?
10:26 AM
Yes i belive she has a valid case,they were to protect her child and they didn't.Which caused an innocent person to be left handicap.
10:27 AM
I think that the supreme court ruled that the social services shoul pay the mother because they were supposed to step in and remove the child from the home.
10:28 AM
I BELIEVE THAT THE MOTHER DOES HAVE A CASE B/C THEY SHOULD HAVE NEVER SENT HIM BACK WITH HIS FATHER B/C THEY KNEW THAT HE WAS GETTING ABUSED. SOCIAL SERVICES ARE JUST GOING TO HAVE TO PAY FOR WHAT THEY DID.
10:28 AM
they should have not gave him back to the father and the mother has a case
10:28 AM
I think social services should have taken him and had his mother get custody of him before letting his father get to him again.
10:28 AM
yes I feel she had a valid case b/cifvsomone is being abused u should return them to the harm!
10:28 AM
no
10:29 AM
i think they ruled in her favor.yes the case is valid he should have not went back into dads custody.
10:30 AM
they should have not brought him back to his father knowing what he was and is capable of doing, so yea i mean she deserves justice and i think they should pay the misses for her son's damages.....
c,grace
10:30 AM
they should have never given custody to his father
10:31 AM
They rule that is a guilty.
10:31 AM
yes because the social services should have kept the boy and till his mom got him, but they him back to the dad and the dad kept abusing him. So the mom have the right to sue them.
10:31 AM
i think the mother has a valid point because if they would have taken full custody of her son, then he would not be disabled. so i think she has all right to sue.
10:32 AM
THEY wil have to pay,
10:32 AM
They shouldn't have gave joshua back to him.D.Sanders
10:35 AM
I think the supreme court did not make a good ruling at first. Because they returned the kid to the father after he beat him. But at the end they made the right ruling to put the father in prison for child abuse. Yes I believe that the mother has a valid case because the supreme court made the wrong ruling at first so the way i see it. It was the supreme courts failt
10:35 AM
she was right they shouldn't have given josh back to his dad!!! b/c he was in danger there!
10:36 AM
YES THE MOHTHER HAS A CASE. THE SUPREME COURT SHOULD RULE IN FAVOR OF TH MOTHER. THE DEPARTMENT WASWRONG.
10:41 AM
I THINK THEY RULED IN HER FAVOR BECAUSE BEFORE THEY RETURNED HIM THEY SHOULD HAVE AT LEAST MADE HIM GO TO ANGERMANGMENT
10:57 AM
yes; yes she did they should have never gave the kid back to the father withou investigation first
12:04 PM
She should ge some money back
12:04 PM
i think that them returning him to a life of abuse no matter what it is mental or physical. it was stupid to take him back.
12:04 PM
yes i think she has a cse because they know what his father was doing to him and shouldn't have sent him back to his father.
12:05 PM
i think it was wrong fortem to give the child baack to the dadafter seeing his back ground.
B.abrams
12:06 PM
i believe she does for the fact that their are child labor laws and it is best that she gets custody of him
12:08 PM
naw she dont have a case they shouldve gave him to a grandparent or somethin
12:08 PM
i think what they did was right cause if they didn't take him away he could of killed him so yea what the mother did was right.
12:09 PM
Well i believe that the mother did the right thing when it comes to suing the Department of Social Services. Because I would have sued them too. I believe that this should have went all the way up to the supreme court.
12:10 PM
i think the court should not have gave him back to his father. the mother had a valid case.
12:10 PM
the mother had a valid case because they sent him back to his dad after only three days, and they didnt punish the dad the first time
12:12 PM
i think that she should get her son back
12:12 PM
i think she does have a case i mean why would u return a kid abused by his father to his father that makes no sense so yes they should have been ruled guilty.
12:12 PM
the court will rule in favor of the mother because the boy was clearly being beaten and they gave him back anyway
12:13 PM
dont give him and make them pay
12:14 PM
that was so wong i hope that his that his dad get life in jail.
12:15 PM
I htink the mother did have a valid case but on the other hand why didnt she take the child in
12:18 PM
i think that the court should of sent the boy to another a family.
12:19 PM
i think she has a case enen though he waz charge and found uilty
12:23 PM
I DONT THINK THAT IT WAS FAIR FOR THEM TO GIVE THE BABY BACK....THEY SHOULD BE SUED FOR THAT.....I THINK THAT THE DAD SHOULD HAVE BEEN BEATEN UP.
12:06 PM
guilty. because they put a child back in a home that he didnt belong in and was getting beat in.
1:55 PM
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