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.