The Town of Sahuarita has recently reached a resolution in a federal lawsuit brought by a resident against the town, the Southern Arizona Children’s Advocacy Center, and the Arizona Department of Child Safety. The Arizona Municipal Risk Retention Pool made a payment of $179,614 to Brian Wright in September, with approximately $93,000 allocated for covering Wright’s legal fees.

Background of the Lawsuit

The June 2021 lawsuit originated from a situation where one of Wright’s young children had a medical condition requiring daily attention from a school nurse. On December 15, 2020, an incident occurred between the child and his brother, resulting in the stepmom disposing of the Hot Wheels track both boys were playing with.

The following day, the child’s school reported a mark on the boy to the state’s child abuse hotline, suspecting it could have been caused by a belt. Sahuarita police responded, and the school nurse mentioned that she had only seen typical “little boy bruises” on the child before that day.

Investigation and Forensic Interview

Unable to reach the Arizona Department of Child Safety (DCS), the officers decided to take the boy to the children’s advocacy center for a forensic interview without notifying the parents. During the interview, the boy claimed not to remember how he got the mark, stating that disciplinary actions at home involved open-hand spanking only.

Medical examinations were conducted on the boy, including his genital and rectal areas, noting a few bruises and scratches. Another sibling, interviewed separately, also asserted feeling safe at home and confirmed the use of open-hand spanking as a last resort.

Legal Proceedings and Removal of the Child

Following a search of the family’s home and the seizure of a belt and Hot Wheels tracks, DCS personnel filed a petition justifying the child’s removal. Allegations included the stepmother’s use of physical discipline and multiple injuries found on the boy’s body. The judge approved the removal, instituting a safety plan that mandated parenting classes, family counseling, and anger management to reunite the family.

Wright was compelled to attend therapy sessions, even against the therapist’s recommendation. The child, after spending time with family members and in a group home, was not permitted to return home until June 25, 2021.

Allegations and Constitutional Claims

The lawsuit contended that the actions violated the 4th Amendment, arguing against unlawful search and seizure in taking the boy to the Children’s Advocacy Center and conducting interviews and examinations. Additionally, it claimed intentional deception by some defendants, asserting a violation of the family’s rights through the enforcement of the DCS safety plan.

Implications and Resolution

The settlement amount paid by the Arizona Municipal Risk Retention Pool reflects the town’s acknowledgment of the need to address concerns raised in the lawsuit. While the specifics of the settlement terms are not disclosed, the resolution signals an effort to resolve the legal dispute and potentially improve procedures related to child welfare and intervention in Sahuarita.