October 12th 2024.
This week, a group of federal judges made the decision to reject a class-action lawsuit brought by an Aurora councilwoman against the Arapahoe County Department of Human Services. The lawsuit stemmed from an incident where a social worker, Robin Niceta, falsely accused the councilwoman, Danielle Jurinsky, of child sexual abuse. Jurinsky claimed that the department and Niceta violated her Constitutional rights to due process and equal protection. Niceta was later found guilty of felony charges and pleaded guilty to additional charges for trying to avoid accountability.
The 10th Circuit Court of Appeals judges, Scott Matheson Jr., Carolyn McHugh, and Timothy Tymkovich, released their ruling on October 7th, agreeing with a previous ruling by federal district court judge Philip Brimmer. They stated that Jurinsky's class-action case against Niceta and the department could not move forward because she did not provide enough evidence to support her claims. The judges also noted that Jurinsky did not prove that Niceta acted under the color of state law or that the county treated her differently from others in similar situations.
In their ruling, the judges acknowledged the seriousness of the allegations made by Jurinsky, but ultimately found her case to be lacking in supporting evidence. This decision was a disappointment for Jurinsky, who had hoped to shed light on the struggles faced by other families who, like her, believe they were unjustly separated from their children by the department.
Jurinsky stated that she does not plan to appeal the ruling, but she is grateful for the opportunity to bring attention to the issue and give a voice to those who may feel unheard. She believes that even though her case did not succeed, it still provided a platform for others to share their stories and experiences.
A spokesperson for Arapahoe County, Anders Nelson, declined to comment on the ruling. Jurinsky's lawsuit was initially filed in 2022 and was dismissed by Brimmer in 2023. While the outcome was not what she had hoped for, Jurinsky remains determined to continue advocating for families who have faced similar situations and to ensure that their voices are heard.
Meanwhile, the county and the department will continue to work towards improving their processes and addressing any concerns that have been raised. As for Jurinsky, she is grateful for the opportunity to have her case heard and hopes that it will bring about positive change in the future.
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