Professional Negligence Law Reporter

Two Jane Does were removed from their home when they were approximately 4 years old. The Washington State Department of Social and Health Services (DSHS) placed them in the custody of their purported biological father, Jesse Brown, who was not listed on the children’s birth certificates.

Brown allegedly drove the girls to California and began to starve, torture, and assault them over the next six months. One of the children was hospitalized and placed on life support. The other was taken into protective custody with bruises on her back and legs. Now approximately 14, one of the Does has been diagnosed as having a traumatic brain injury, while the other suffers from PTSD.

Two guardians, on the Does’ behalf, sued the state of Washington, alleging liability for the DSHS’s negligent placement of the girls with Brown and failure to follow the Interstate Compact on the Placement of Children (ICPC). Suit also alleged the defendant failed to follow up and investigate allegations of child abuse and neglect during the six months that the Does were placed with their alleged biological father.

The defendant argued that the ICPC did not apply because the placement was with the Does’ biological father.

The plaintiffs and defendant reached a settlement in the amount of $7.1 million.

Citation: Thomas v. State of Wash., No. 19-2-11133-5 (Wash. Super. Ct. Pierce Cnty. June 3, 2022).

Plaintiff counsel: AAJ members Micah R. LeBank, Hollie M. Connelly, and John R. Connelly, all of Tacoma, Wash.