SAN FRANCISCO (Legal Newsline) – Women who want millions of dollars from San Francisco because they were taken from their mother for a week 18 years ago will be able to pursue their lawsuit further.
Federal magistrate judge Joseph Spero on Feb. 1 denied the motion to dismiss of two individual defendants – police officers Maria Donati and Jose Pubill. The two were among officers who responded to a report of the plaintiffs’ brother throwing objects out of their window.
Donati and Pubill were the officers who physically transported plaintiffs Crystal and Martha Gomez out of the home in 2004. Martha was 3 years old at the time and Crystal was 19 months, and the girls were partially dressed with chocolate stains on their clothes while the house was in disarray.
But the women say they had no bruises or injuries, they were not malnourished and they were not in any danger. Child Protective Services took them without a warrant or reasonable cause, the lawsuit says.
Spero’s order noted that government officials must obtain judicial authorization before introducing on a parent’s right to custody unless there is reasonable cause to believe the child is in imminent danger of bodily injury.
Spero ruled the complaint adequately alleged Donati and Pubill participated in a discussion among officers that resulted in the children being taken.
“Donati and Pubill’s role transporting Plaintiffs away from their home also likely supports a theory of integral participation, even if they were not involved in the decision to do so,” Spero wrote.
“Plaintiffs’ physical removal from their home is a core component of their claim. The Ninth Circuit has found integral participation from conduct less closely connected to a purported constitutional violation.”
The plaintiffs are seeking $2 million each, plus punitive damages, and are represented by Dennis Ingols. Defendants include other officers and CPS workers, as well as the City and County of San Francisco.