Workers immune in molestation case

Friday, June 7, 2002 | 9:13 a.m.

CARSON CITY -- A federal appeals court has sharply criticized two state child welfare workers for placing a "known sexual predator" into a foster home with two young children, one of whom was then molested.

But the 9th U.S. Circuit Court of Appeals ruled Thursday the two workers have "absolute immunity" from suit, not only in their government capacity but individually.

In a strongly worked opinion, the court said it didn't condone the actions of Nancy Gammie, a social worker, and Fran Zito, a social therapist, who both were employed by the state Division of Child and Family Services.

The state has already paid $325,000 in an out-of-court settlement to the foster parents, whose natural child was sexually abused by a 14-year-old boy who was placed in the home by the state and Volunteers of America. The volunteer group paid $660,000 to the foster parents.

Not only did the foster parents sue for damages, but the guardian of the boy who committed the sexual abuse filed suit against the state, the volunteer group and the two social workers. Guardian Tonnie Savage claimed in the suit the boy's civil rights were violated when he was placed in the home in Reno.

Volunteers of America settled out of court in the guardian suit.

A federal judge dismissed the suit against the state and the two workers in their official capacity because of immunity. But the guardian continued the suit against the two workers in their individual capacity, contending they were not shielded with absolute immunity.

Deputy Attorney General Charles Hilsabeck, who handled part of the case, said the Thursday ruling by the appeals court means the state is victorious at this time in the suit brought by the guardian for the sexual abuser. He said the case will technically go back to U.S. District Judge Howard McKibben to complete the action.