Judge dismisses $3 million lawsuit filed against Trumbull Child - WFMJ.com News weather sports for Youngstown-Warren Ohio

Judge dismisses $3 million lawsuit filed against Trumbull Children's Services

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YOUNGSTOWN, Ohio - A Federal judge has dismissed a three million dollar lawsuit filed against the Trumbull County Children Services Board and three of its employees.

U.S. District Court Judge Benita Pearson signed the order Monday, dismissing the suit after the plaintiffs notified her that the suit had been settled.

The case stems from the rape of an infant girl, while under the board's supervision.

The lawsuit filed by the child's adoptive parents who live in West Farmington alleged the board failed to prevent the rape of an adopted child back in April of 2011.

The dismissal comes a week after judge Pearson, overruled the defendant's motion to dismiss the case, finding that the evidence was strong enough for the lawsuit to proceed.

In the earlier ruling, Judge Pearson said the Trumbull county children services board knew the biological father, Cody Beemer, was a felony sex offender who had been convicted of raping his 3 year old cousin. And they knew the biological mother, Felicia Beemer, suffered from numerous mental health issues.

Yet, according to the Judge: "the individual defendants initiated and facilitated a course of visitation in which BGD was cast off into a room in which she was left alone and unprotected with dangerous, predatory and unstable individuals."

The judge went on to say that "the individual defendants were deliberately indifferent to BGD well-being and safety."

Pearson says that violated due process which extends the right for children to be free from the infliction of unnecessary harm in state regulated foster homes or state institutions.

The defendants hoped to have the case dismissed on the grounds of sovereign immunity, that's the legal privilege by which federal and state governments can't be sued.

The defendants had argued that the Trumbull county children services board is an arm of the state of Ohio.

Judge Pearson is waiting for approval of the settlement from the probate court. Terms of the settlement have not been revealed.

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