Ramsey v. Yavapai Family Advocacy Center

Alex Ramsey (plaintiff) and A.S. had one child together. After Ramsey and A.S. divorced, A.S. brought the child, then approximately six years old, to counseling sessions with Brenda Sheets (defendant), a therapist. A.S. told Sheets she believed Ramsey had sexually abused the child. During a counseling session, the child told Sheets that Ramsey touched her inappropriately. Sheets immediately contacted child protective services (CPS) and reported the suspected sexual abuse. The investigation was handled by the Yavapai Family Advocacy Center (YFAC) (defendant), a cooperative facility staffed by law enforcement officers, county attorneys, and CPS agents. As part of the abuse investigation, the child was examined by two nurses, LaRayne Ness and Judy Denton (defendants), both of whom found physical evidence of prolonged sexual abuse. Ramsey was indicted on multiple charges of sexual misconduct with a minor; however, the State of Arizona ultimately dismissed the case without prejudice, stating that the chance of conviction was too low. After the dismissal, Ramsey sued YFAC, Ness, Denton, and Sheets on a series of civil damages claims related to the abuse report and subsequent investigation, arguing that (1) Sheets, Denton, and Ness did not have reasonable cause to believe Ramsey abused the child; (2) Sheets, Denton, Ness, and YFAC acted with malice; and (3) Sheets breached her duty of care to Ramsey by destroying his parental relationship with the child. YFAC, Ness, Denton, and Sheets all moved for summary judgment, arguing that qualified immunity under Arizona’s mandatory reporting statute shielded them from civil liability. The trial court granted summary judgment. Ramsey appealed.