Case Background
Susan Chen and Naixiang Lian, both Chinese nationals residing in King County, Washington, filed a federal civil rights lawsuit against the Washington State Department of Social and Health Services (DSHS), its successor agency the Department of Children, Youth, and Families (DCYF), multiple individual social workers, the City of Redmond, the Redmond Police Department, and several law enforcement officers. The case arose from the removal of their two minor children, J.L. and L.L., from their home in October 2013, and the subsequent criminal prosecution of Ms. Chen on charges of criminal mistreatment in the second degree. The case proceeded to a jury trial in the United States District Court for the Western District of Washington at Seattle before Judge James L. Robart.
Cause
The Plaintiffs' claims centered on events that began on October 23, 2013, when pediatrician Dr. Kate Halamay referred the family to Child Protective Services (CPS) after a follow-up visit for the couple's younger son, J.L., who was born in 2010. J.L. received an Autism Spectrum Disorder diagnosis in September 2012 at the Lakeside Autism Center. Gastrointestinal problems, including chronic diarrhea and constipation, accompanied his condition. Ms. Chen and Mr. Lian consulted numerous medical specialists between 2012 and 2013 to address J.L.'s developmental and GI issues. Dr. John Green, an autism specialist in Portland, Oregon, prescribed a specific carbohydrate diet for J.L. to treat his autism-related GI symptoms. Dr. Hatha Gbedawo, a naturopathic doctor in Seattle, also coordinated J.L.'s care with Dr. Green.
In mid-October 2013, J.L. experienced a bout of significant diarrhea. Ms. Chen and Mr. Lian took him to three separate medical offices on October 19, 2013, seeking blood work to assess his condition, particularly his kidney function. After retrieving blood test results the following day, Ms. Chen took J.L. to the Seattle Children's Hospital emergency room, where staff observed him for several hours and discharged him, noting he did not meet criteria for a medical hold.
On October 23, 2013, Ms. Chen took J.L. to Dr. Halamay for a recommended follow-up. Dr. Halamay made a CPS referral that same day. CPS social worker Brian Davis arrived at the family's Redmond residence that night, observed both children sleeping soundly in a normal home environment, and initially questioned the need for removal. His DSHS supervisor instructed him to take J.L. to the hospital. After midnight on October 24, 2013, staff at Seattle Children's Hospital determined J.L. was malnourished and placed him on medical hold. On October 25, 2013, CPS social worker Kimberly Danner and Redmond police officers removed J.L.'s older sibling, L.L., from the home.
Injury
The Plaintiffs alleged that the removal of both children and the subsequent criminal prosecution caused severe emotional harm to the entire family. J.L. passed through multiple foster homes over approximately eleven months, during which he continued to experience GI problems — the same issues CPS and police attributed solely to parental neglect. The complaint alleged J.L. suffered serious developmental regression while in foster care. L.L. experienced emotional harm from the separation and from CPS welfare checks at his school. Ms. Chen was arrested on February 18, 2014, charged with criminal mistreatment in the second degree based on a probable cause affidavit prepared by Redmond Police Detective Natalie D'Amico. Ms. Chen was required to surrender her passport and restrict her travel, which prevented her from visiting a dying relative abroad.
Damages Sought
The Plaintiffs sought compensatory and punitive damages, attorney's fees, and costs. The Second Amended Complaint stated the amount in controversy exceeded $7,000,000.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Susan Chen (individually and as guardian ad litem for J.L.), Naixiang Lian (individually and as guardian ad litem for L.L.), J.L., and L.L.
· Counsel for Plaintiffs: Shawn Larsen-Bright | Nathan Alexander | T. Augustine Lo | Sarah Cox | Michael David Myers | Colin G Prince | Gregory David Zacharia | John Barto McEntire, IV
Defendants: Washington State Department of Children, Youth, and Families (successor to DSHS), Kimberly Danner, and Jill Kegel | Natalie D'Amico | City of Redmond | Redmond Police Department | Kevin W. Quigley | Bill Moss
· Counsel for Defendants: Scott M. Barbara | Aaron P Riensche | Geoff J M Bridgman | Daniel Francis Shickich | Anne Ryan
Claims
The claims that proceeded to jury verdict involved two causes of action against DCYF and individual social workers Danner and Kegel: negligent investigation under RCW 26.44.050 and negligent infliction of emotional distress. The Plaintiffs argued DCYF failed to adequately investigate J.L.'s and L.L.'s living situation before removing them from a non-abusive home, and that readily available evidence showed the parents followed medical advice from multiple physicians to address J.L.'s autism-related conditions.
Defense
The state Defendants denied the allegations and raised multiple affirmative defenses, including qualified immunity for the individual social workers, prosecutorial immunity for quasi-prosecutorial actions, and the argument that the social workers acted in good faith and upon probable cause at all times. The defense also contended that independent decisions by the King County Prosecutor and King County Superior Court constituted superseding causes that precluded liability. The state Defendants further argued that the Plaintiffs failed to mitigate their damages and that the Plaintiffs' own actions contributed to any injuries sustained.
Jury Verdict
The jury returned its verdict on February 25, 2025. On the negligent investigation claim, the jury found DCYF liable to both Ms. Chen and J.L. by a preponderance of the evidence. The jury found individual social workers Danner and Kegel not liable on the same claim.
On the negligent infliction of emotional distress claim, the jury again found DCYF liable to both Ms. Chen and J.L. and found Danner and Kegel not liable.
The jury rejected the defense's argument that Ms. Chen failed to mitigate her damages and wrote "N/A" for the mitigation-related damages questions.
The jury awarded Ms. Chen $700,000 for damages caused by the negligent investigation and $300,000 for damages caused by the negligent infliction of emotional distress, for a combined total of $1,000,000 without double recovery. The jury awarded J.L. $3,000,000 for damages caused by the negligent investigation and $3,000,000 for damages caused by the negligent infliction of emotional distress, for a combined total of $6,000,000 without double recovery. The criminal case against Ms. Chen was dismissed on September 19, 2014, and the dependency action for J.L. was dismissed on September 12, 2014. The total jury award across both Plaintiffs was $7,000,000.
Court documents are available upon request at [email protected]
