J.A.W. v. State, Marion County Dept. of Public Welfare

SHEPARD, Chief Justice.

In April 1990, J.A.W. commenced this action against the County Department of Public Welfare of Marion County (“Marion Department”)1, various other public entities, and several individuals. He alleged that between 1978 and 1989, the Marion Department faded to protect him from the extreme sexual abuse he suffered in foster care and affirmatively conspired to suppress information about the abuse. He contends that this behavior violated the Civil Rights Act of 1871, 42 U.S.C. § 1988 (1994).

The Marion Department countered that it was not amenable to suit under § 1983 because…