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

Posted: Updated:

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.

  • More NewsMore>>

  • Credit card skimming reported at Mercer County service station

    Credit card skimming reported at Mercer County service station

    Friday, May 26 2017 5:06 PM EDT2017-05-26 21:06:52 GMT

    Authorities in Mercer county are investigating reports of thieves skimming credit guards to steal consumers personal information. It happened recently at Wagler's Camp Perry service station in Clarks Mills.   Skimming happens when thieves unlock gas pumps and connect a skimmer to the card reader which steals information when a customer swipes a credit or debit card. 

    More >>

    Authorities in Mercer county are investigating reports of thieves skimming credit guards to steal consumers personal information. It happened recently at Wagler's Camp Perry service station in Clarks Mills.   Skimming happens when thieves unlock gas pumps and connect a skimmer to the card reader which steals information when a customer swipes a credit or debit card. 

    More >>
  • Suspect tells YPD he smoked marijuana before engaging in high speed chase

    Suspect tells YPD he smoked marijuana before engaging in high speed chase

    Saturday, May 27 2017 2:12 PM EDT2017-05-27 18:12:29 GMT

    Police have arrested two men following a high speed chase through Youngstown around 7:30 Friday in which officers believe the driver was under the influence of drugs and alcohol. Carlos Cuevas Garcia, 31, is cited as the driver and is charged with failure to comply with police.  Marcos Garcia Cuevas, 27, is cited as the passenger and is charged with obstructing official business.  When officers attempted to stop a red Honda Civic on McGuffey Road for  "exce...

    More >>

    Police have arrested two men following a high speed chase through Youngstown around 7:30 Friday in which officers believe the driver was under the influence of drugs and alcohol. Carlos Cuevas Garcia, 31, is cited as the driver and is charged with failure to comply with police.  Marcos Garcia Cuevas, 27, is cited as the passenger and is charged with obstructing official business.  When officers attempted to stop a red Honda Civic on McGuffey Road for  "exce...

    More >>
  • Campbell boil order lifted, water pressure restored

    Campbell boil order lifted, water pressure restored

    Saturday, May 27 2017 2:03 PM EDT2017-05-27 18:03:46 GMT

    Water pressure is restored in Campbell, but the city remains under a boil alert Saturday until further notice, water department officials say.  The alert was first issued Friday as crews worked to repair a water line break in the area of Jackson Street off Wilson Avenue.  Reports of little to no water pressure first came in Thursday night around 10 p.m., police say.  That was enough to close Campbell City schools Friday. Officials still haven't indicated when the bo...

    More >>
    As of noon Saturday, a boil order affecting the city of Campbell has been lifted, officials at the water department say. Water pressure was said to have been restored as early as Saturday morning.  The alert was first issued Friday as crews worked to repair a water line break in the area of Jackson Street off Wilson Avenue.  Reports of little to no water pressure first came in Thursday night around 10 p.m., police say.  That was enough to close Campbell City schools...More >>
Powered by Frankly
All content © Copyright 2000 - 2017 WFMJ. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms