Federal Court Grants Summary Judgment to Child Advocacy Center Forensic Interviewer in Civil Rights Case

Attorney Christopher Holecek of Thrasher, Dinsmore & Dolan recently obtained summary judgment on behalf of a forensic interviewer with a Children’s Advocacy Center in a Federal Civil Rights Action arising from a child abuse investigation.  In North v. Village of West Milton, et al., the Plaintiff asserted claims under 42 U.S.C. Section 1983 and Ohio law after criminal charges were dismissed following a later recantation by one of the child witnesses.  The Court granted summary judgment to the forensic interviewer concluding that participation in a multi-disciplinary investigation, standing alone, does not transform a private forensic interviewer into a state actor for purposes of Section 1983.  Although law enforcement officers observed portions of the forensic interviews and communicated with the interviewer, the Court emphasized that the interviewer independently conducted the interviews, made no charging recommendations, authored no evaluation report, and possessed no prosecutorial authority.

The decision is noteworthy for organizations and professionals involved in child abuse investigations because it confirms that collaboration with law enforcement does not automatically create Section 1983 exposure.  Instead, the courts will closely analyze whether the challenged conduct involved the exercise of governmental authority or joint participation in governmental decision making.