Case Involving Abuse and Drowning
In 2003, one-year-old Latiana Hamilton was drowned in a bathtub, and her three-year-old brother was horribly abused by foster mother Lena Cumberbatch with a belt and an ironing cord. This case involves the tragic circumstances that led to the injury of three-year-old R.M. and the death of his one-year-old sister Latiana.
In September 2000, R.M. and Latiana were placed in the Rose Joyner foster home. On February 21, 2001, the Department, specifically Defendant Barbara Jones, removed R.M. and Latiana from the Joyner home and placed them in the Cumberbatch home. It is undisputed that subsequent to this placement, both children were neglected and abused. Five months after the placement, Lena Cumberbatch murdered Latiana. It is also alleged that R.M. suffered abuse, including sexual abuse, at the hands of another foster child, while in the care of Ms. Joyner.
Justice for Kids® attorney Howard Talenfeld was instrumental in filing civil rights complaints for her and her brother, paving the way with legal precedent for many other children to recover for their injuries.
Plaintiffs seek to recover civilly from Defendants. All Defendants were employed by the Florida Department of Children and Family Services (“Department”) during the relevant time. Each was involved in the assessment, screening, and evaluation of foster homes, or was directly involved in the placement of R.M. in the Joyner and Cumberbatch homes. Plaintiffs asserted claims pursuant to 42 U.S.C. § 1983 and allege violations of the children’s Fourteenth Amendment interest to be safe from unreasonable risk of harm while in state custody. Defendants argue that Plaintiffs have failed to state a § 1983 claim because they have not sufficiently alleged deliberate indifference on the part of Defendants. Defendants also asserted a defense of qualified immunity, which was rejected by the District Judge. Substantial recoveries were made on behalf of these children.
Read more here: Ray v. Foltz, 370 F.3rd1079 (11 Cir. 2004) www.scholar.google.com/