"Poor Joshua " lamented Justice Harry Blackmun in his famous
dissent. "Victim of repeated attacks by an irresponsible, bullying,
obviously cowardly, and intemperate father, and abandoned by
respondents who placed him in a dangerous predicament and who knew
or learned what was going on, and yet did essentially nothing. . .
." Even so, the Supreme Court, by a 6-to-3 margin, absolved
Wisconsin officials of any negligence in a case that had left a
young child profoundly damaged for the rest of his life.
Does the Constitution protect children from violent parents? As
Lynne Curry shows, that was the central question at issue when
Melody DeShaney initially sued Wisconsin for failing to protect her
battered son Joshua from her estranged husband, thus violating her
son's constitutional right to due process. The resulting case,
DeShaney v. Winnebago County (1989), was a highly emotional one
pitting the family against the state and challenging our views on
domestic relations, child abuse, and the responsibilities-and
limits-of state action regarding the private lives of citizens.
The Supreme Court's controversial decision ruled that the
Constitution was intended to limit state action rather than oblige
the state to interfere in private affairs. In other words, it
viewed the Due Process Clause as a limitation on the state's power
to act, not a guarantee of safety and security, not even for
children who depend on the state for their very survival. In this
first book-length analysis of the case, Curry helps readers
understand how considerations of "what should be" in an undeniably
tragic case are not always reflected in legal reasoning.
Curry brings to light details that have been ignored or
neglected and covers both the criminal and civil proceedings to
retell a story that still shocks. Drawing on legal briefs and
social work case files, she reviews the legal machinations of the
state and includes personal stories of key actors: family members,
social workers, police officers, child advocates, and opposing
attorneys. She then clearly analyzes the majority and dissenting
opinions from the Court, as well as reactions from the court of
public opinion.
Joshua DeShaney depended on the state for protection but found
no satisfaction in the courts when the state failed him. The
DeShaney Case offers a much-needed perspective on the dilemmas his
predicament posed for our legal system and fresh insight into our
ambivalent views of the role that the state should play in our
daily lives.
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