$11 million settlement reached in foster home abuse case

Jose Miranda foster parent abuse

Jose Miranda

On December 11, 2012, MBC attorney Jeremy Johnston negotiated an $11 million settlement for six clients with the Department of Social and Health Services. Our clients were sexually, physically and emotionally abused by their foster parents, Jose and Juanita Miranda, and alleged that DSHS and a number of individually named social workers were negligent in the licensing of the Mirandas and in investigating multiple complaints from May, 1998 until February, 2005. In addition, three of the six plaintiffs allege that their civil rights were violated by the defendants.

 

“As a parent, if you think about the worst things that can happen to your kids, some of those things probably happened in that home,” Johnston said.

 

DSHS granted the couple a foster care license although Juanita Miranda had a long history of drug use and criminal violations as well as having her biological children removed from her home in California. In addition, the couple was on welfare and disability when applying to become foster parents in Washington in 1997.

 

“This home should have never received a license,” Johnston said.

“We regret that these children suffered at the hands of adults they had trusted to love and keep them safe.”~DSHS Children’s Administration Assistant Secretary Denise Revels Robinson

 

This and previous cases of child abuse and neglect have resulted in DSHS making changes to help further strengthen the focus on child safety, including:

 

• Conducting more detailed screening of potential foster parents, including multiple meetings with the family and the seeking endorsements from extended relatives, references and “collateral contacts.”
• Formalizing the process of placing children in foster homes by involving social workers from different programs, the children’s families and service providers.
• Improving the documentation of case activities to assist supervisors in overseeing child-abuse investigations.
• The creation of a standardized, automated process that ensures allegations of child abuse are “appropriately screened in and investigated statewide.”

 

“Obviously, what happened was terribly traumatic for them and continues to be,” Johnston said. “They hope to move on.”

 

After confessing his crimes to a nurse while hospitalized, an investigation was conducted and Jose Miranda ultimately was convicted of sexually abusing some of the children. He died in prison in 2009 of congestive heart failure. His wife died three years prior of a drug overdose.

 

You can report abuse or neglect of a child or vulnerable adult at 1-866 ENDHARM (1-866-363-4276) or, in an emergency situation, call 9-1-1.

 

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Seattle Times

Car accident victim, Angela Smith, overcomes physical and emotional damage to return to active lifestyle

Angela Smith was a socially active, thirty-six year old woman, who loved the outdoors and spending time with friends and family, especially her partner Karen and dog Chaco. All that came to a halt when she was rear ended by a careless teenager speeding through a residential area. On impact, her head hit the steering wheel then whipped back to hit the headrest, causing brain, neck and back injuries. She also jarred her leg and knee.

 

Here is her story:

I’m a very physical person. I undertake building and fix-it projects as a hobby to personal injury client fishinghelp friends and family. My physical injuries kept me from that. I also enjoy the outdoors, especially hiking, camping, clam digging and fishing. My back and leg injuries made it too difficult to engage in those activities as well. It was hard to do even simple tasks such as walking my dog and cleaning the house. My partner Karen, after working all day and commuting for an hour from Seattle, was also stuck with the household chores.

My brain injury also threw my every day routine out of whack. I love to read, and that proved to be difficult. I became easily confused and lost track of time. I love cooking, but that became dangerous because I’d forget a boiling pot on the stove. I remember having to keep pictures of loved ones in front of me while talking on the phone so I wouldn’t forget to whom I was speaking. I had to recover brain function and re-learn tasks.

My head injury also caused me a lot of emotional stress. It is very unnerving to not recognize or understand yourself. I’m so thankful that Karen was by my side through it all even though she was very frustrated. It was hard to think and stay focused, I got anxious in social situations, which was hard because I loved going to dinner parties, cultural events, and concerts. Traveling became frustrating and frightening. It was hard to stay on task to get packed, go into an airport, then an airplane full of people; I would have serious anxiety attacks. My job also suffered because of both my physical and emotional damage.

My treatment, which lasted well over three years, involved a lot of intense therapy in order to relearn Car Accident Victim Clam Digging with Familyhow to respond in social situations, remember interactions, keep track of day-to-day happenings, and deal with scheduling changes. I’d also play cognitive games, such as Scrabble, on my own to keep my mind as sharp as possible. I’ve mostly recovered from the injuries, which happened eight years ago. I’m enjoying engaging socially again, which includes a dinner group I’ve been a part of for sixteen years now. I’ve started traveling again and in the last couple of years, have been to the east coast, England and Ireland. I’m back to my normal routines of walking the dog, cleaning, helping my friends with their household fixes, and my clam digging and fishing. My reading comprehension is still not great, and I’m still not comfortable with hiking, but I’ll get there and I’m looking forward to it. As Dory says “Just keep swimming” <——– I used to and continue to use this phrase a lot to help me through the confusion, stress and fear of life.Car Accident Victim Geta Back to Work

One of the most important aspects of my life that’s returned to normal is my job. I’ve been working with Joshua, a nineteen-year-old man with autism, and his family, since he was four. When he was younger, I helped him in school and cared for him in the afternoons. I continue to assist him with his daily care and I drive him to appointments and his Special Olympics activities. He’s very active in the Special Olympics, so I’ve become involved too. I’ve taken on the secretarial duties for the Sound Athletic’s Special Olympics Team, which requires organization and people skills, responsibilities I could never have taken on until my recovery.

Knowing Mr. Messina before my accident, I called MBC immediately. I knew I could put my case in their highly capable hands and not have to worry or think about anything. Natural healing is very important to me, so I chose a holistic treatment program, as opposed to a more conventional medical approach. I appreciated that my attorney, James McCormick, took the time to talk to my doctor and understand my healing process. I’m very happy with my settlement and the work done by James and paralegal, Maribeth.

 

Man falsely imprisoned at the hands of begrudged officer

Bonney Lake Police Car

Messina Bulzomi Christensen recently filed a claim against the City of Bonney Lake and one of its police officers in a case of police brutality. On August 16, 2010, our client, Matthew Randall and several friends went to another friend’s home. The group sat outside of the home and listened to music.The friend’s neighbor called the Bonney Lake Police Department to make a noise complaint regarding the music. Officer Kenneth McDonough of the Bonney Lake Police Department responded to the complaint.

Our client knew Officer McDonough because they both lived in the area and Matt had been invited on a motorcycle trip with his bike group. At some point prior to the incident, McDonough became angry with Matthew and threatened him at his work stating he was “going to get” him.

By the time officer McDonough arrived at the scene, the music had been turned off. Upon exiting his vehicle, McDonough ordered everyone to “get on the ground” and continued to yell profanities at the group while calling for back up on his radio.

Several sheriff deputies and additional Bonney Lake Police officers arrived. Under direction of Officer McDonough, one of them immediately handcuffed Matthew’s hands behind his back and several officers struck him with their clubs and McDonough’s flashlight. According to witnesses, our client was not resisting McDonough or the other deputies.

As Matthew lay face down on the ground, hands cuffed behind his back, McDonough yelled “Tase! Tase! Tase!” and shot his taser into his back. McDonough yelled, “Tase!” again and activated his taser a second time.

After being tased, Matthew was hogtied using zip ties and carried to one of the police cars, being dropped along the way. Officers picked him back up, slammed him against the police car, and threw him into the back seat.

They left him there for a long time until paramedics finally arrived. Paramedics removed the taser lead from Matthew’s back and concerned he may have suffered a head injury, checked him out for symptoms. When paramedics left he was taken to the Buckley jail, booked, and subsequently charged with disturbing the peace.

Our client at no time resisted, attempted to elude McDonough or the deputies under his direction, or acted combative.
As a result of this incident, Matthew suffered physical injuries which required medical care and treatment. He also suffered significant emotional damage.

Officer McDonough had a troubled history with the City of Bonney Lake Police Department. He’d been fired in the past for inappropriate behavior but then was rehired. He’d received prior complaints regarding his conduct as an officer including, but not limited to, using inappropriate use of force, and inappropriate use of his taser. He resigned in fall 2010 during the course of an internal affairs investigation.

MBC is setting out to prove that our client’s rights, under the fourth and fourteenth amendments were deprived at the hands of McDonough, that the officer used excessive force, and his actions and conduct constituted false imprisonment and false arrest. The claim also names the Bonney Lake Police Department for negligence in the hiring, re-hiring, and retention of McDonough.