Tara M. v. City of Philadelphia

Nancy Kanter (plaintiff) was appointed the guardian ad litem (GAL) for a child, Tara M., whose 18-year-old mother was in foster care. Upon discovery that Tara’s mother was abusive toward her, Tara was placed in a different foster home. A few years later, Tara was sent to a foster home where she was sexually abused. Afterward, Tara was sent to a foster home where she was physically tortured. As a result, Kanter filed suit in a federal district court against the City of Philadelphia and various social-welfare organizations and associated individuals (collectively, the city defendants) (defendants). Kanter alleged a substantive-due-process violation under federal law, 42 U.S.C. § 1983. Kanter also alleged state-law claims related to breach of duty, failure to protect, and so on. In response, a third-party complaint was filed by the city defendants against Kanter, alleging that if they had liability toward Tara for the harm she experienced, then Kanter, as the GAL, also failed to protect Tara and breached a state-law duty to her. The city defendants asserted that Kanter’s failure was a major factor in Tara’s harm and that they were owed contribution or indemnification from Kanter because she was a joint tortfeasor under Pennsylvania’s Uniform Contribution among Tortfeasors Act. Kanter sought dismissal of the city defendants’ complaint, arguing that neither § 1983 nor federal or state law permitted contribution under § 1983. Kanter argued that § 1983 entitled her to complete immunity as a GAL. A district court did not grant Kanter’s motion, noting that the city defendants, i.e., third-party plaintiffs, had not sought contribution pursuant to § 1983. Kanter filed an appeal. The appellate court did not make a ruling regarding whether GALs were immune from liability under § 1983, because no federal immunity was implicated.