San Bernardino Child Abuse Case Settles for $10.5M

Case Background

Two young brothers, identified as J.G. and J.M., filed a lawsuit against the County of San Bernardino and multiple social workers after witnessing the brutal torture and murder of their infant brother, Jamari Mendez, at the hands of their biological parents in April 2022. The children, who were four years old and two years old at the time of the tragedy, alleged that the county's Department of Children and Family Services failed to protect them and their brother despite numerous warning signs of abuse and neglect.

Cause

The Plaintiffs claimed that San Bernardino County social workers breached their mandatory duties by failing to properly monitor the children after returning them to their mother, Antanita Miller. The county had detained the children in February 2021 due to severe domestic violence between Miller and Ricardo Mendez, the biological father of J.M. and Jamari. Despite documented history of domestic violence, drug use, and multiple protective orders against Ricardo Mendez, the department recommended family reunification services.

On October 22, 2021, social workers returned the three children to Antanita Miller for a 29-day visit, which became permanent placement on November 22, 2021. The Plaintiffs alleged that social workers made this recommendation without conducting adequate monitoring, without contacting service providers, without establishing a domestic violence relapse prevention plan, and without ensuring a safety support network as required by the case plan.

Injury

Following their return to their mother's care, all three children suffered physical abuse. Antanita Miller hit the children regularly and encouraged J.G. and J.M. to hit their infant brother Jamari. When Ricardo Mendez moved into the family apartment in January 2022 after his release from prison, the abuse escalated dramatically.

Ricardo Mendez urinated on Jamari, dragged him by his arms, swung him by his legs, and burned him repeatedly with a torch lighter. Antanita Miller scalded Jamari with hot water, pulled out clumps of his hair, and withheld food from him for days at a time. Ricardo also physically abused J.G. and J.M., burning and choking them. Both parents used methamphetamine in the presence of all three children and engaged in sexual activity in front of them.

On April 25, 2022, after using methamphetamine together, Ricardo and Antanita took turns beating Jamari when they heard him crying around 3:00 a.m. Ricardo punched the infant approximately eight times in the stomach while Antanita punched him approximately four times. Antanita then shook Jamari until he stopped breathing. J.G. and J.M. witnessed the murder of their baby brother. The parents placed Jamari's body back in his crib, fell asleep, and the next morning drove J.G. to school with the deceased infant still in the car.

The autopsy revealed Jamari suffered approximately 22 broken ribs in various stages of healing, burns from a torch lighter covering his legs, neck, and chest, hemorrhaging behind both eyes, internal bruising throughout his entire body, and multiple scars on his face.

Damages Sought

The Plaintiffs sought general and special damages for physical abuse, psychological trauma, and emotional distress they suffered while in their parents' care. They also pursued wrongful death damages for the loss of their brother Jamari under California Code of Civil Procedure Section 377.60. Additionally, the Plaintiffs sought attorney's fees under 42 U.S.C. Section 1988 for their federal civil rights claims.

Key Arguments and Proceedings

Plaintiffs: J.G. and J.M., minors, by and through their guardian ad litem, Dennis Moore

·       Counsel for Plaintiffs: Jack H. Anthony | Pete Kaufman | Wyatt Vesperman | Brian J. Panish |

Defendants: County of San Bernardino | Social workers Tonga TuPou | Monau Grundy | Jennifer Andrade | Monique Key | Nakila Hill | Luz Esparza-Rey | Elisa Hernandez | Supervising social workers Tish Crawford, Arline Polanco | Phonicia Smith-Long | S.M., a minor

·       Counsel for Defendants: Lea Patricia L. Francisco | Tom Bunton | Shawn A. McMillan | Doug Smith | Franklin Obi

Key Arguments by Counsel

The Plaintiffs argued that social workers violated their mandatory duties under California regulations by failing to visit the children in person at least once each calendar month, failing to conduct unannounced visits, failing to assess the safety and wellbeing of the children, and failing to contact service providers or collaterals as required by the case plan. Between January 6, 2022 and January 24, 2022, no social worker was assigned to the case at all despite this being a critical period when Ricardo Mendez moved into the home.

The Plaintiffs also brought federal civil rights claims under 42 U.S.C. Section 1983, alleging the social workers acted with deliberate indifference to the children's constitutional right to reasonable safety and minimally adequate care. They argued that San Bernardino County maintained unconstitutional customs and practices, including overwhelming social workers with excessive caseloads, failing to conduct unannounced visits, and failing to properly investigate abuse allegations.

Claims

The complaint asserted six causes of action: breach of mandatory duties, negligence arising from special relationship, negligent infliction of emotional distress for witnessing Jamari's murder, violations of constitutional rights under Section 1983 against individual social workers, Monell claims against the county for unconstitutional policies and practices, and wrongful death.

Defense

The Defendants filed a general denial and asserted 25 affirmative defenses. They claimed immunity under various California Government Code sections, including discretionary immunity under Section 820.2 and immunity for instituting judicial proceedings under Section 821.6. The Defendants argued the Plaintiffs failed to comply with California Tort Claims Act requirements and that any damages were caused by third parties or the Plaintiffs' own conduct.

Settlement

The parties reached a conditional settlement on March 28, 2025, just days before the scheduled trial date of April 7, 2025. The settlement terms required completion of specified conditions before dismissal could be filed. The Plaintiffs' counsel filed a Notice of Settlement indicating the request for dismissal would be submitted no later than July 31, 2025. The settlement provided $10,500,000 to compensate J.G. and J.M. for the physical abuse they endured, the psychological trauma of witnessing their brother's murder, and their wrongful death claims for the loss of Jamari.

Court documents are available upon request at jurimatic@exlitem.com