Member Stuart T. O’Neal, III and Associate Sasha E. Miller recently secured a summary judgment in the U.S District Court for the Eastern District of Pa. for a foster care service that was sued along with a government agency, regarding the removal and termination of parental rights of the plaintiff-father. While Mr. O’Neal and Ms. Miller succeeded in having several of the plaintiff’s claims dismissed prior to summary judgment, a federal claim regarding the abuse or violation of due process and a state claim regarding the intentional infliction of emotional distress remained. The Burns White attorneys argued in their motion for summary judgment that not only was our client not involved in any alleged violation of due process, but that the plaintiff had received due process throughout the underlying litigation. The court granted summary judgment, ruling in favor of the defendants on all of the plaintiff’s remaining claims.
Note: The results obtained in a particular case are heavily dependent on the facts and the law specific to that case.