C.A. v. Lowndes County Department of Family & Children Services

OPINION

DAVIDSON, District Judge.

Presently before the court is the motion of the State Defendants 1 to dismiss this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, or in the alternative, for summary judgment. Upon due consideration, the court finds that the motion should be granted.

A. Factual Background

In the spring of 1996, the Lowndes County Department of Public Welfare placed Y.H., a fifteen year old male foster child, in the Sally Kate Winters Memorial Children’s Home (the Winters Home), a privately funded group home. Shortly thereafter, officials at the Winters…