A social worker not extended judicial immunity escaped the legal wrath of a once accused parent. At center stage was the typical dysfunctional American family. One of the children alleged sexual abuse by dad which resulted in a report by the mother to authorities resulting in a Child Protective Services referral, which resulted in... the rest of the story.

The investigating social worker predictably filed a dependency petition soon thereafter and obtained a no contact order against the father and placing the children with the mother. With dad gone, the children entered into therapy with dad's blessings. Soon, however, Mr. Tyner developed misgivings about the therapist who, he believed, was acting against his interests.

A separate evaluation of the alleged child victim could not substantiate sexual abuse. Curiously though, "sexual boundary" problems in the family were noted. But confronted with compliant parents, the dependency petition was dismissed. And then Mr. Tyner attacked, suing the state and the therapist.

The state appealed a verdict in favor of plaintiff asserting that the social worker had absolute immunity. Tyner appealed dismissal of his action against the therapist.

The Court held that judicial immunity did not extend to a social worker or the court appointed therapist. The real issue in the case against the state was proximate cause. The Court held that once the juvenile court had all the pertinent information in its possession, it assumed the responsibility for all orders, breaking the causal chain with the social worker.

In the case of the therapist, even though she did not share judicial immunity, there was no liability since no duty was owed the non-patient father.

Editor's note: In our court, the magistrates would sometimes make findings on the basis that an allegation made by a child pointed to serious pathology (and could also prove unhealthy to the child making the allegation) necessitating court intervention. It may not have been completely kosher, but it worked. Mr. Tyner became emboldened by his victory in having the state seek dismissal.