‘Sexual predator’ case to be reheard by court

Thursday, Nov. 7, 2002 | 9:17 a.m.

CARSON CITY -- The 9th U.S. Circuit Court of Appeals agreed Wednesday that the full court will rehear a case in which two state child welfare workers are being sued for placing a "known sexual predator" into a foster home with two young children, one of whom was then molested.

A panel of the court ruled earlier this year that the two workers have "absolute immunity" from suit, not only in their government capacity but individually.

In the opinion of the three-judge panel earlier this year, the court said it did not condone the actions of Nancy Gammier, a social worker, and Fran Ziti, a social therapist, who both were employed for the state Division of Child and Family Services. But it said they were shielded from suit.

The circuit court agreed to have all the members participate in a rehearing. It said the prior decision of the panel could not be used as precedent.

The state has already paid $325,000 in an out-of-court settlement to 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 Savage continued the suit against the two workers in an individual capacity, contending they were not shielded with absolute immunity.

The assailant was arrested and convicted of sexually molesting the 9-year-old child several times. While the state settled the case with the foster parents, the state did not plan to settle the suit brought by the guardian.