Nicini v. Morra

Anthony Nicini, Jr. (plaintiff) was a teenager who attempted suicide due to an abusive home life. The Department of Youth and Family Services (DYFS) (defendant) assigned caseworker Frank Cyrus (defendant) to the case. After another suicide attempt by Nicini, Cyrus removed Nicini from his parents’ custody and placed him in foster care. He twice ran away from his foster families. Nicini was hospitalized and fled the hospital after he learned he may be committed to the psychiatric unit for his depression. Nicini sought refuge at the home of family friends, the Morras (defendants). Cyrus ultimately agreed to let Nicini be temporarily placed with the Morras despite the family not being an official foster home. Cyrus twice visited the home, conducted background checks, and interviewed the Morras. Ultimately, based on Cyrus’s recommendation that the family could serve as a para-foster home, a family-court judge ordered that Nicini remain with the Morras. However, a few weeks later, Nicini fled the home and alleged that the Morras had been providing him with drugs and that the father was sexually abusing him. It was later revealed that the father had a criminal history of corrupting minors. Nicini filed suit under 42 U.S.C. § 1983, claiming that being subjected to sexual abuse while in DYFS custody violated his constitutional right to physical safety. Cyrus argued that there was not a violation because he could not have known about the abuse. The district court granted summary judgment and found that Cyrus’s actions did not amount to a violation of Nicini’s rights. Nicini appealed.