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>>

  • Driver charged in smuggling-related deaths of 10 immigrants

    Driver charged in smuggling-related deaths of 10 immigrants

    Monday, July 24 2017 12:49 PM EDT2017-07-24 16:49:02 GMT
    A 60-year-old man who was arrested after authorities say at least nine people died in the back of a sweltering tractor-trailer found outside a Walmart in San Antonio is due in federal court.More >>
    A 60-year-old man who was arrested after authorities say at least nine people died in the back of a sweltering tractor-trailer found outside a Walmart in San Antonio is due in federal court.More >>
  • Trump son-in-law Kushner at Capitol, denies Russia collusion

    Trump son-in-law Kushner at Capitol, denies Russia collusion

    Monday, July 24 2017 12:47 PM EDT2017-07-24 16:47:45 GMT
    Congressional investigators probing Russia's meddling in the U.S. election will this week have their first opportunity to hear from someone in President Donald Trump's innermost circle: son-in-law Jared Kushner.More >>
    Congressional investigators probing Russia's meddling in the U.S. election will this week have their first opportunity to hear from someone in President Donald Trump's innermost circle: son-in-law Jared Kushner.More >>
  • Campaign raises $78,000 to feed hungry in Mahoning, Shenango Valleys

    Campaign raises $78,000 to feed hungry in Mahoning, Shenango Valleys

    Monday, July 24 2017 12:47 PM EDT2017-07-24 16:47:23 GMT
    A partnership with Walmart is bringing more than $78 thousand to organizations that help feed the hungry in the Mahoning and Shenango Valleys. Members of the local community raised $50,830 for Second Harvest Food Bank and $27,886 for the Community Food Warehouse of Mercer County as part of Walmart's "Fight Hunger. Spark Change." Campaign The campaign is designed to encourage people across the nation to take action against hunger and help families in need by supporting onli...More >>
    A partnership with Walmart is bringing more than $78 thousand to organizations that help feed the hungry in the Mahoning and Shenango Valleys. Members of the local community raised $50,830 for Second Harvest Food Bank and $27,886 for the Community Food Warehouse of Mercer County as part of Walmart's "Fight Hunger. Spark Change." Campaign The campaign is designed to encourage people across the nation to take action against hunger and help families in need by supporting onli...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