Summary Judgment Granted in Civil Rights/Wrongful Death Case

The United States District Court for the Central District of California issued an order granting summary judgment in favor of the County of Los Angeles in federal civil rights / wrongful death lawsuit entitled Garry Agosto v. County of Los Angeles.  This civil action arose out of the death of a two-year-old girl after her mother accidentally left her in a heated vehicle overnight.  The child’s father brought claims for negligence and under 42 U.S.C. section 1983 against the County based on allegations that the Department of Children and Family Services (“DCFS”) social workers conducted a deficient investigation when determining that the child was not at risk of abuse and/or neglect.

The federal district court found that the incontrovertible evidence showed the DCFS social workers did not breach a duty of care when investigating the referral made to the department.  The district court dismissed the case with prejudice and entered judgment in favor of the County.  The County of Los Angeles was represented by Jill Williams and Kimberly Morosi.