Two Versions of a Trial Brief Research Essay

Original Text with Added Headings:

Introduction

There are presently 3000 kids in foster care in City of X. The organizations in charge of the foster care system are jointly accountable to the State of Y and the City of X. The agencies have mandated that all caseworkers document their inquiries into each child’s file in writing. The plaintiffs contend that while in the custody of the organizations, the kids weren’t given enough protection. According to the law, the plaintiffs must present proof of all aspects supporting their claim under 42 U.S.C. 1983 (CUNY School of Law, “Case Study”). The issue presented in the case is that foster children are not protected from current and future harm that might come on their way by the agencies of both City X and State Y.

Decision/Holding

The plaintiffs failed to provide evidence for the necessary element under 42 U.S.C. § 1983 (CUNY School of Law, “Case Study”). Therefore, summary judgment must be granted to all Defendants particularly because the plaintiffs failed to demonstrate that the Agents or the City violated the due process rights. In this holding, the municipals cannot be held liable for the actions of third parties. Such an action to hold the municipals liable can only expose them to unending litigations since once a child is given to a foster family, then the municipal cannot control what happens next.

Reason/Rationale

The reason for the decision is based on lack of evidence from the plaintiffs that links the defendants with any liable criminal activity in their jurisdiction. The cities have employed specific means to protect the children while still in their custody, but the same cannot be extended to a third party. Therefore, the rationale is that despite the counties being responsible for protecting children under their care, once given to a foster family the custody of the child is transferred to a third party and therefore, not liable to any actions taken by the third party.

Work Cited

CUNY School of Law. “Case Study: Two Versions of a Trial Brief.” Final Draft - Case Study: Two Versions of a Trial Brief - Legal Writing Center - CUNY School of Law, www.law.cuny.edu/legal-writing/students/court-brief/court-brief-4/court-brief-4-final.html#21. Accessed 21 Sept. 2017.