United States District Court, D. Oregon
CURTIS L. BOSISTO and JILL BOSISTO, individually and as guardians for J.L.B., and J.L.B., a minor child, Plaintiffs,
MARCIE A. FREEMAN, in her individual capacity and as an official of the State of Oregon; OREGON DEPARTMENT OF HUMAN RESOURCES, Defendants.
A. RUSSO United States Magistrate Judge.
Curtis Bosisto and Jill Bosisto, individually and as
guardians ad litem for J.L.B., bring this action alleging
violations of their Fourth and Fourteenth Amendment rights
via interference with familial association against defendants
Marcie Freeman and the Oregon Department of Human
Services. Defendants move for summary judgment and
plaintiffs move to file a second amended complaint. The Court
heard oral argument on May 9, 2017. The motion for summary
judgment is granted in part and denied in part; and the
motion to amend is denied.
initiated this action on February 27, 2016 alleging J.L.B.,
the minor child of Jill and Curtis Bosisto, was interrogated
and involuntarily removed from her middle school by Oregon
Department of Human Services case worker Marcie Freeman. This
removal was accomplished absent a warrant or court order and
without indication of imminent danger or threat to the safety
of J.L.B. Plaintiffs further allege defendant Freeman removed
J.L.B. from her parents home and placed her with her
grandmother, where she remained for about three weeks,
without filing a petition for removal. Plaintiffs assert a
substantive due process claim based on interference with
familial association, a procedural due process claim based on
the removal absent a post-deprivation hearing, and an
unlawful seizure claim based on J.L.B.'s removal absent
factual background comes primarily from defendant
Freeman's Assessment Summary generated to document the
investigation of alleged child abuse. See Ex. 2
attached to the Amended Declaration of Marcie A. Freeman
March 5, 2014, defendant Freeman, along with Springfield
Police Officer Turner, responded to a report of potential
child abuse at J.L.B.'s school and conducted an
investigation. A reporting resource (RS), a school worker,
reported that J.L.B. described her home life as unbearable.
RS further reported that J.L.B. makes herself throw-up on a
daily basis and cuts herself. RS stated that J.L.B. is
depressed and her grades have dropped drastically. RS also
reported that both of J.L.B.'s parents tell her she is
fat. Id. at p. 2. See also Ex. 1
(Turner's Investigative Report) attached to Declaration
of Sharia Mayfield (#47). Freeman's summary also
indicated that J.L.B. was suspended for one week in February
for bringing her father's marijuana pipe to school. Ex. 2
attached to the Amended Declaration of Marcie A. Freeman
(#48) at p. 5.
told Freeman that her father laughed at her when she asked
for counseling, he tried to break her arms, and punched her.
J.L.B. further reported her father kicked her mother
requiring a trip to the hospital. J.L.B. also reported her
father follows her around the house yelling at her, stating
she is a worthless horrible person, and she should just kill
herself. Finally, J.L.B. stated that her father told her he
is done parenting her and he is going to cut her off from
food and clothing. Id. at pp. 2-3, 7-8 . J.L.B. also
made statements of suicidal ideation. Id. at pp. 5,
reported they believe the father is angry with J.L.B. because
she discovered and exposed that he was having an affair. It
was also reported the father drinks heavily and has a medical
marijuana card. The mother is reported to possibly have
mental health issues and "is on a lot of pills."
Id. at p. 3.
defendant Freeman and Officer Turner viewed cut marks on
J.L.B.'s arm. Id. at p. 5; Ex. 1 (Turner's
Investigative Report) attached to Declaration of Sharia
Mayfield (#47). Based on J.L.B.'s statement and
the cuts on her arms, law enforcement transported J.L.B. to
Sacred Heart Medical Center's Emergency Department for
mental health evaluation. Id.
Freeman next interviewed J.L.B.'s parents at their home
accompanied by Springfield Police detective Jeff Martin. Ex.
2 attached to the Amended Declaration of Marcie A. Freeman
(#48) at p. 8. The parents denied making statements
that J.L.B. is fat, the mother denied domestic abuse, but did
express a desire to leave the relationship due to the
father's drinking. The parents agreed to allow J.L.B. to
stay at her grandmother's home while Freeman gathered
more information. Id. Freeman observed the
father's "aggressive demeanor" and he told her
he drank "four to six beers a day." Amended
Declaration of Marcie A. Freeman (#48) at ¶ 11.
Freeman told the mother it would be fine for her to have
contact with J.L.B., but requested that the father have no
contact. Id. at ¶ 14.
Freeman next interviewed J.L.B.'s grandmother who
confirmed concerns about domestic violence by the father and
was "more than happy to have J.L.B. stay with her."
Id. at ¶ 16. Freeman went to the hospital to
inform J.L.B. who was reportedly excited to be staying with
her grandmother. Id. at ¶ 17.
Freeman continued the investigation, but on March 25, 2014,
she received letters from J.L.B.'s parents' counsel
asking her to refrain from any contact with them and informed
her they would collect J.L.B. from grandmother's house
and return her home immediately. Id. at ¶¶
19-20. In April 2014, Freeman concluded she did not have
sufficient information to determine whether J.L.B. was in
danger. Id. at ¶ 22.
states between February and March, 2014, she was experiencing
depression and could not control it. Her teachers were
concerned and asked about her home life and she responded
that her parents and especially her dad were upset with her
for being suspended. She stated that for a short time she cut
herself. The teachers did not inform J.L.B.'s parents of
their concerns. Declaration of J.L.B. (#42) at
March 5, 2014, J.L.B.'s teacher escorted her to an office
where a police officer and Freeman waited for her. Freeman
stared at J.L.B. and intimidated her. When Freeman finally
asked J.L.B. to tell her what was going on, J.L.B. started to
cry and stated she did not know--thinking she was in some
kind of trouble. Freeman repeatedly asked whether
J.L.B.'s parents abused her. J.L.B. responded "no,
the most [my father] ever touched me is that maybe he grabbed
my arm once but it wasn't out of anger."
Id. at ¶ 3. J.L.B. felt that Freeman was trying
to put words in her mouth and then "Ms. Freeman decided
that I needed to be 'evaluated' at the
police officer agreed to drive her to the Johnson Unit.
Id. at ¶ 4. Freeman arrived at the hospital
with J.L.B.'s grandmother late that day and insisted that
she remain at the hospital another one to three days. The
doctor said there were no concerns and that J.L.B. would be
released. Id. at ¶ 4.
Freeman told J.L.B. her parents thought she was a
disappointment, she would not be allowed to see them, and she
was probably going to live with her grandmother who was
moving to Mexico soon. Id. at ¶ 5.
stayed with her grandmother for one month. Id. at
¶ 6. During that time, Freeman told her if she talked to
her father or even set foot near her home, her father would
go to jail and she would be put up for adoption. Freeman also
told her how much her parents did not like her, she was a
brat, a hoodlum, manipulative, and ignorant, but she could be
someone else if she wasn't around her father. She was
only allowed to talk to her mother by phone for a few minutes
at a time. Id. at ¶6.
states she is not bulimic and never had an eating disorder
nor had she ever imagined committing suicide. She also states
her parents never physically harmed her or each other.
Id. at ¶¶ 8-9.
Jill Bosisto's Statement
mother, Jill Bosisto, states that in February 2014, J.L.B.
got in some trouble at school with another girl who possessed
a marijuana pipe. She grounded her and had her drug tested