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Home > Child Custody & Divorce > Item

Social Workers Not Immune from Prosecution

>Date: Sat, 20 Apr 1996 10:00:52 -0400 (EDT)
>From: American Fathers Coalition 
>To: American Fathers Coalition 
>Subject: LCSW Immunity victory for us! (fwd)
>From: Stuart Miller 
>To: American Fathers Coalition 
Tomlin v. McKenzie - VA S.Ct. Record No. 951427 - Koontz, J. 4/19/96

The Virginia Supreme Court, on April 19, 1996, just ruled that social workers DO NOT have 11th amendment immunity for "acts which constitute wanton and intentional deviation from the duties the agent has been assigned to undertake..." Further the Supremos held that misconduct is "perhaps even more egregious if one were subjected to it under a court-ordered referral."

In the case at bar, the father (a lawyer) on behalf of himself and as next-friend for his current wife and his daughter filed a three-count motion for judgement against a licensed clinical social worker who provided family therapy under a court ordered referral. The suit asks for $11 million in compensatory damages and $350,000 in punitive damages.

The following is what I have been told about the case:

The therapist when setting up a video camera for an interview with the child accidentally turned on the camera. The camera recorded the therapist explaining to the ex-wife and the child how to make up and phrase false-allegations of abuse by the father.

The therapist then thought she was turning the camera on and conducted the phony interview and sent a copy of the tape off to the father... complete with her instructions on how to make false allegations! BUSTED!

This is a major victory for us... and when the case is over, the tape will be invaluable in showing legislators what often really happens when the "child savers" go to work to "get a dad"

Keep fighting and keep the evidence coming to us. We are making a difference!

Andy Duncan

One half of all parents are fathers.

Courtesy of Fathers' Manifesto.

Copyright © 1996
FatherMag.com. All rights reserved.

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