Doe v. South Carolina Department of Social Services

Jane Doe (plaintiff) was placed in South Carolina Department of Social Services (SCDSS) (defendant) custody as a young child after neglect findings, alongside her brother Kameron, whose therapist had reported likely inappropriate sexual encounters between the siblings and with other adults. SCDSS placed Jane in foster care and allowed Kameron overnight visits; both children were later selected for adoption by the Johnsons (plaintiffs), who declined to adopt Kameron over concerns he had touched their son inappropriately. Kameron later admitted to abusing Jane, the Johnsons' son, and other foster children, after which Jane began exhibiting harmful behaviors. The Johnsons sued SCDSS and caseworker Debby Thompson under 42 U.S.C. § 1983 for violating Jane's substantive due-process rights, and the district court granted the defendants summary judgment based on qualified and discretionary immunity.