SRS re Linda Gillen seeks dismissal of lawsuit filed by grandparents

Brooklyn on the left before she was murdered, with
her mother and brother.

Mar. 11, 2010
BY TIM POTTER
The Wichita Eagle
via kansas.com
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Coffeyville couple sues SRS worker after granddaughter's beating death
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The state's child-welfare agency is asking a federal court to dismiss a lawsuit accusing Kansas social worker, Linda Gillen, of failing to protect a 23-month-old Coffeyville girl who was beaten to death.
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The lawsuit hasn't shown that the social worker, Linda Gillen's actions "were so egregious or outrageous as to be considered conscience-shocking," say papers filed Wednesday by an attorney for the Kansas Department of Social and Rehabilitation Services.
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In January, the maternal grandparents of Brooklyn Coons — Larry and Mary Crosetto — filed a lawsuit accusing the social worker, Linda Gillen, of gross negligence, saying she didn't protect their granddaughter from being beaten to death by her father's meth-addicted girlfriend.
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The lawsuit accuses SRS social worker Linda Gillen of not taking measures to remove Brooklyn and her brother from a dangerous household after the maternal grandparents repeatedly brought forward concerns about injuries to Brooklyn. Gillen failed to act because of a "pre-existing grudge" involving actions the Crosettos took years earlier in their adoption of Brooklyn's mother, Angela Crosetto Coons, the lawsuit says.
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But SRS attorney Danny Baumgartner argued in the court papers filed Wednesday that Gillen "merely investigated a report of abuse and neglect," that Brooklyn was not in state custody and that Gillen "had no duty to intervene." Baumgartner said Gillen is "entitled to qualified immunity."
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The Kansas Attorney Generals Office prosecuted the girlfriend, Melissa Wells Coons. Brooklyn died on Jan. 20, 2008. The girlfriend later married Brooklyn's father. On Dec. 30, 2009, a judge sentenced Melissa Wells Coons to life in prison for the murder of Brooklyn. Brooklyn's father, Randy Coons, has been charged with aggravated child endangerment...
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The SRS attorney argued in the response filed Wednesday that Gillen, as the social worker, "had to balance the interests of looking into the report of child abuse (which she did) with the interests of the father in being with his children. It is exactly what the law states should be done and that is what she did."
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...In an interview in January, Larry Crosetto said that Gillen "was aware there was a situation in that home. She didn't investigate and find out what the situation was."
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"What we hope to do is get SRS to act in these situations... and prevent it from happening to another family," Crosetto said.
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Read more here
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So..."had to balance the interests of looking into the report of child abuse...
with the interests of the father in being with his children..."
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Is is me or does that not make sense?
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and this: Gillen "merely investigated a report of abuse and neglect," that Brooklyn was not in state custody and that Gillen "had no duty to intervene." Baumgartner said Gillen is "entitled to qualified immunity." But read the timeline below, previously posted by kansas.com and ksn.com and The Prairie Chicken:
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The lawsuit provides this timeline:
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In the fall of 2007, the Crosettos started seeing bruises on Brooklyn, and their granddaughter
received medical treatment twice for suspicious injuries.
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On Nov. 5, 2007, school officials told Gillen, the SRS social worker, that Christian had bruising that looked suspicious, the lawsuit says..
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Nov. 6, 2007, Larry Crosetto tried to reach Gillen about the bruising, but got no return call, so he tried to contact her again on Nov. 14, 15 and 16, eventually reaching her on Nov. 20. Gillen said she had interviewed a school official, the children's father, his girlfriend and Christian...
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The situation got worse..
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On Dec. 10, 2007, the lawsuit says, Crosetto called Gillen again because the "bruising and marks were beginning to escalate...
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On Dec. 12, 2007, Crosetto sought help from school officials. "Their position was that SRS had taken control of the situation and it was out of their hands," the lawsuit says..
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On Sunday Dec. 23, the Crosettos' doctor noticed bruises on Brooklyn's face while she was at church, and he thought SRS should be notified. The doctor recommended that Larry Crosetto have another doctor examine Brooklyn the next day.
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On Dec. 24, the second doctor saw the girl, called police and sent a letter to the Coffeyville SRS office asking that "they investigate the situation and get back to him.".
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Gillen did not respond to the letter, the lawsuit says. But that same day the doctor called police, a Coffeyville police officer took a report from Crosetto in the doctor's office and said he would contact the prosecutor's office when it opened after the holiday, Crosetto said..
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"I was under the understanding that the Police Department was trying... to intervene, that the roadblock was SRS," Crosetto said..
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The grandparents met with Linda Gillen at her office on Dec. 28, [begging her to act to protect their grandchildren, with no resulting actions on Gillen's part.]
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And then the worst happened. On Jan. 17, 2008 — 20 days after the Crosettos expressed their fears to Gillen — Coffeyville police responded to a 911 call about Brooklyn. She was unresponsive, and she was in the care of Wells. Police saw head trauma and bruises..
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Doctors found that Brooklyn's brain was bleeding as a result of her being struck on the head, and she had brain damage from being shaken, the lawsuit says..
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The day after the 911 call, it says, police put three other children from the home of Wells and Randy Coons into protective custody because of "deplorable" living conditions and because of the fatal injuries to Brooklyn..
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The lawsuit says that the Police Department didn't take more steps to protect Brooklyn and the other children before Jan. 18, 2008
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The lawsuit argues that Linda Gillen's "conduct increased the danger to (Brooklyn) from the meth addicted girlfriend."
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Does anyone have a photo of Linda Gillen?