Autistic boy’s dad files claims totaling $7M over death
by A.J. Flick on Sep. 20, 2007, under Local, SpecialThe father of a 5-year-old autistic boy whose mother is charged with abusing and killing him has filed a $3 million wrongful death claim against Pima County, the sheriff and a deputy, and a $4 million claim against Child Protective Services, three CPS employees and the state.
According to Melvin Williams’ claim, which was filed Aug. 31, CPS and at least three employees failed to locate Brandon Williams, take him into temporary custody, file a dependency petition to take him out of his mother’s custody and protect him from “obvious neglect and abuse that led to his death.”
The claim says Deputy Lillian R. George “negligently failed to immediately contact CPS” on March 15 to report Brandon’s condition, stay with him until CPS could respond, investigate and take appropriate action and help CPS remove Brandon from his mother’s custody. Sheriff Clarence Dupnik and Pima County are “vicariously liable” for George’s conduct, the claim says.
In addition, Dupnik and the county “negligently failed to provide adequate training” and create policies for deputies in such situations, the claim says.
The defendants have 60 days to respond to the claim. If they don’t respond to, deny or settle the claim, Williams may proceed with a lawsuit.
Brandon was taken to a hospital on March 22, where he died of blunt force trauma to his head, chest, abdomen and limbs.
His mother, Diane Lynn Marsh, 40, and her friend, Flower Nicole Tompson, 27, are charged with first-degree murder in Brandon’s death.
In another case last month, the mother of two children whose father is charged with killing them filed a $12 million claim against the Department of Economic Security, the state agency that oversees Child Protective Services; Tucson police; Gov. Janet Napolitano; and several individuals.
Jamie Hallam’s claim alleges state and local officials could have prevented the deaths of Ariana Payne, 4, whose body was found in a storage locker Feb. 18, and Tyler Payne, who is presumed dead.
Christopher Mathew Payne, 29, and his girlfriend Reina Irene Gonzales, 23, are charged with first-degree murder in the siblings’ deaths. If they are convicted, prosecutors intend to seek the death penalty.
