From Deseret News archives:
Trauma suit against state yields an award of $2
The Davis County couple had claimed that when caseworkers took their son from their West Point home in 1999, it caused extreme emotional trauma to themselves and siblings, even though Rusty Roska was returned about a week later.
On Monday, after a six-day trial, a federal jury of six men and six women was not swayed by the couple's tears and awarded them $2 for their emotional pain.
The panel deliberated for less than three hours. James and Connie Roska declined to comment as they left the courtroom. Their attorney Steven Russell said it was important to find out what the jury thought of their case, adding they had turned down a last-minute $100,000 settlement by the state.
During the trial, attorneys for the state of Utah acknowledged that caseworkers with DCFS were wrong to enter the home on May 29, 1999, and remove wheelchair-bound Rusty Roska on suspicion that the boy was a victim of Munchausen syndrome by proxy. The condition occurs when a parent or caretaker intentionally makes a child ill in order to get attention.
For months, Connie Roska said she was trying to find out why her son was so sick and in constant pain. She had taken him to multiple doctors in and out of the state.
Social workers believed that Rusty was being mistreated by his parents and figured the only way to tell was to take him from the home and see if his health improved as a result.
Both parents took the witness stand to describe how traumatic their experience was. The couple described being severely emotionally traumatized, fearing they would never see their son again.
In the end, their son was returned and was treated for a leaking gall bladder.
Prior to the trial, the 10th Circuit Court of Appeals found that the state had violated the family's constitutional rights. Connie Roska claimed two social workers entered her home with a police officer and physically and verbally assaulted her and her two daughters. Due to governmental immunity, the couple's direct claim against the state was thrown out. However, they were allowed to personally sue the two social workers and their supervisor.
The jury was asked to find that compensatory damages be awarded to the Roskas and punitive damages against the three social workers. The jury Monday found no punitive damages against the workers and awarded $2 compensatory damages for the Roskas.
Assistant Utah Attorney General Matthew Bates had told the jury that the state believed the Roskas were making a grab for cash in pursuing their lawsuit. "The jury responded to what they heard on the witness stand," Bates said after Monday's verdict.
Bates said the Roskas' case did make a difference, and prompted the Utah Legislature to pass a law that required a court order or warrant before a social worker can remove a child from a home.
Russell said that after almost a decade of fighting this case, the verdict puts the matter to rest and the couple does not plan to appeal the decision.
E-mail: gfattah@desnews.com
