ALISSA B GUERNSEY - 15 months (2009) - DeKalb/LaGrange County IN

Documents filed in DeKalb County in anticipation of a wrongful-death
lawsuit outline details about the March 2009 death of a LaGrange County
toddler.

Fifteen-month-old Alissa B. Guernsey died March
28 in the custody of Christy Shaffer after being removed from her home
by the state.Late last year, a LaGrange County grand jury
indicted Shaffer, 31, on two counts of neglect of a dependent, but
LaGrange County Prosecutor Jeff Wible declined to link the indictments
to Alissa’s death.But documents filed last month in DeKalb County make the connection.According
to a petition to appoint a representative of the toddler’s estate for
the purpose of filing a wrongful-death claim, the fatal injuries to the
toddler, specifically blunt-force trauma to the head, were a result of
the actions of Shaffer.Officials with the Indiana
Department of Child Services said although Shaffer was not a foster
parent, she had passed a background check before the child was placed
in her care. She was related to the child, state officials said.Because
the case involved grand jury proceedings, investigators and prosecutors
have been tight-lipped about the details surrounding Alissa’s death.
A call to Wible’s office Tuesday indicated the prosecutor was unavailable to comment.An
autopsy report said Alissa was found
unresponsive while riding in a car seat. Emergency medical workers were
called and a full resuscitation was performed. The
child’s medical history indicated there had been a previous soft-tissue
injury to the elbow and “growth plate displacement from a ‘fall,’ ”
according to the autopsy report.The autopsy said multiple
bruises were found on her face, and there was no medical explanation
for them at the time. Alissa had bleeding inside her skull, and an
inch-long cut inside her mouth that was beginning to heal. The case against Shaffer is pending, with a pretrial conference set for early April. At
the time of the indictment, Wible said he convened a grand jury to look
into the case because he wanted to avoid any controversy, but he
declined to say what possible controversy might exist.DeKalb Superior Court 2 Judge Monty Brown appointed Hugh Taylor as the representative of the estate, court documents said.

This is my grandaughter and this photo was taken just several days before she was killed, you can see in her eyes she is sad and saying please help me. I wish you could have seen what she looked like before, she had beautiful blond hair a beautiful smile. Well her hair all fell out because of trama and she lost that smile. One of the saddest parts is this person took away my granddaughter and she is still walking the streets and getting to see her own children I will never get to see Alissa grow up, Since Alissa lived many states away from me I only got to see her 3 times in her short life. And we cant even begin to think how her Mother and siblings feel! And because of DCS they are still holding the other children captive in foster care, think on that for a while! WE PRAY every day for Justice.

Nana

Thanks for sharing your side of the story, Nana. This really is a sad and I want you to know how much we appreciate your participation.
I am in agreement with Marc Klass on this. Our CPS systems are filled to the brim and overflowing. With cutbacks, hiring freezes and lack of resources there just aren't enough case workers to make an effective effort in preventing things like this.
As caring citizens we must keep our eyes and ears open for the warning signs and be vigilant in our reporting and following up on these situations.
If we can help in any way, don't hesitate to ask.

bmerriman wrote:This is my grandaughter and this photo was taken just several days before she was killed, you can see in her eyes she is sad and saying please help me. I wish you could have seen what she looked like before, she had beautiful blond hair a beautiful smile. Well her hair all fell out because of trama and she lost that smile. One of the saddest parts is this person took away my granddaughter and she is still walking the streets and getting to see her own children I will never get to see Alissa grow up, Since Alissa lived many states away from me I only got to see her 3 times in her short life. And we cant even begin to think how her Mother and siblings feel! And because of DCS they are still holding the other children captive in foster care, think on that for a while! WE PRAY every day for Justice.

Nana

So very sorry for your loss Nana. What a beautiful child Alissa was, know tho'-she's in a much better place now, in the arms of God. She is safe now, as hard as it is, just know that. Yes, our system for protecting children is very flawed, it takes good citizens to keep their eyes & ears open and, the willingness to get involved so we can save/protect the children and hopefully, help correct the system. Will be keeping you and your family in my prayers. God Bless you.

A northern Indiana woman whose
15-month-old daughter died while in foster care is suing the foster
parents and a state agency over her death.


Kelli Sprunger's lawsuit seeks damages for her and her family
for an amount that "would make them whole" following Alissa B.
Guernsey's March 2009 death. It does not specify a dollar figure.


The suit was filed in LaGrange Circuit Court, but was moved this
month to federal court in Fort Wayne. It names the Indiana
Department of Child Services, 31-year-old Christy Shaffer and her
husband, Matthew Shaffer, as well as Steuben County and Ashley
Westgate, a DCS employee who works in that county.

Christy Shaffer, the toddler's state-appointed foster parent,
was indicted by a LaGrange County grand jury late last year on two
counts of neglect of a dependent. Her case is scheduled to go to a
jury trial next February.


Although LaGrange County Prosecutor Jeff Wible declined to link
the indictments to the child's death, court documents say
blunt-force trauma head
injuries the child suffered resulted from
Shaffer's actions.


The lawsuit alleges that Guernsey was placed with Shaffer by
Westgate, a DCS employee. Although she was not a foster parent, DCS
officials said Shaffer had passed a background check before the
girl was placed with her.


State officials said the child was related to Shaffer.


Calls to the Shaffers' Topeka home were not answered Wednesday
and did not go to voicemail.


DCS spokeswoman Ann Householder told The Journal Gazette that
further comment on the case would be inappropriate because it is
now before a judge.


Few details of how the girl died were made available because
they are kept secret under grand jury proceedings. But the autopsy report that
said the child was found unresponsive while riding in a car seat
and that emergency medical workers attempted a full resuscitation.


The autopsy report said the child's medical history indicated
there had been a previous soft-tissue injury to the elbow and
"growth plate displacement from a `fall."'


It also found bleeding inside her skull, an inch-long cut inside
her mouth that was starting to heal and multiple facial bruises
with no medical explanation for them at that time.

Sprunger v. Shaffer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION

Docket Number available at www.versuslaw.com
Citation Number available at www.versuslaw.com

August 27, 2010

KELLI SPRUNGER, ET AL., PLAINTIFFS,
v.
CHRISTY SHAFFER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Theresa L. Springmann United States District Court

OPINION AND ORDER

In this case, the mother of Alissa B. Guernsey, the estate of Alissa B. Guernsey, and the personal representative of the estate are suing Christy Shaffer and Matthew Shaffer, the foster parents who were entrusted with the care of Alissa; Ashley Westgate, the case worker responsible for supervising the placement of Alissa; Steuben County; and the Indiana Department of Child Services (DCS). In Counts II and III, they have sued Christy Shaffer for wrongful death under Indiana's child wrongful death statute (Ind. Code § 34-23-2) and Matthew Shaffer for negligently failing to protect Alissa from Christy Shaffer's actions and inactions.*fn1 In Count IV, they have sued Ashley Westgate for negligently failing to protect Alissa, to supervise the foster care parents, and to remove Alissa from the Shaffer home. In Count V, they have sued Steuben County and DCS under a theory of vicarious liability for the conduct of Ashley Westgate and for negligently failing to remove Alissa from the Shaffer home. In Count VI, they allege a claim against all of the Defendants under 42 U.S.C. § 1983 for the deprivation of Alissa's right to life.

The Plaintiffs filed this case in the LaGrange Circuit Court, but Defendants Westgate and Steuben County removed the case pursuant to 28 U.S.C. §§ 1441 and 1446 based upon the federal question presented by the Plaintiffs' § 1983 claim.*fn2 Although the Petition for Removal does not specifically address this Court's subject-matter jurisdiction over the Plaintiffs' state law claims, it would be founded upon supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a) because the state law claims appear to be "so related to claims [within the original jurisdiction (i.e., the Plaintiffs' § 1983 claim)] that they form part of the same case or controversy."

On July 7, 2010, Defendants DCS and Westgate filed a Motion for Partial Dismissal [DE 14] seeking the dismissal of Counts IV and VI against Defendant Westgate and Counts V and VI against Defendant DCS. Defendant Westgate claims entitlement to immunity under state statutes, and Defendant DCS argues that it is not a "person" subject to suit under § 1983, that it is entitled to Eleventh Amendment immunity, and that the Plaintiffs failed to state a claim upon which relief may be granted in Counts IV, V, and VI (against Defendant DCS). Instead of filing a response brief to Defendant DCS and Defendant Westgate's Motion for Partial Dismissal, the Plaintiffs filed a Motion for Partial Dismissal [DE 24] pursuant to Federal Rule of Civil Procedure 41(a)(2) and a Motion to Remand [DE 25]. The Plaintiffs seek to dismiss Count VI (the § 1983 claim) apparently based upon counsel's review of Lewis v. Anderson, 308 F.3d 768 (7th Cir. 2002), and K.H. v. Morgan, 914 F.2d 846 (7th Cir. 1990). Because Count VI is the only count in the Complaint that presents a federal question and because there appears to be no basis for diversity jurisdiction, the Plaintiffs acknowledge that the dismissal of Count VI will yield the result that no claim will remain in this action that raises a federal question, and thus they ask the Court to remand this case to the LaGrange Circuit Court. As of the date of this Opinion and Order, Defendants DCS and Westgate have filed no reply, and the Defendants have filed no response to the Plaintiffs' Motions. On August 26, the parties filed a Stipulation to Extend Time to File Initial Discovery Disclosures [DE 26], from which the Court infers that the Defendants do not oppose the Plaintiffs' Motions.

No Defendant has pleaded a counterclaim in this action, but the pending Motion for Partial Dismissal filed by Defendants DCS and Westgate seeks dismissal of the state law claims in Counts IV and V, in addition to the federal claim in Count VI. Considering the submissions of the parties and the applicable authority, the Court will grant the Plaintiffs' Motion for Partial Dismissal and dismiss Count VI of the Complaint pursuant to Rule 41(a)(2). As for the Plaintiffs' Motion to Remand, the supplemental jurisdiction statute provides that a district court "may decline to exercise" jurisdiction over supplemental state law claims if, among other things, "the district court has dismissed all claims over which it has original jurisdiction." 28 U.S.C. § 1367(c)(3). Considering that the Court is dismissing Count VI, which is the only claim over which it had original jurisdiction, that this case was only recently removed to this Court and is still in its early stages, and that none of the recognized exceptions apply, the Court will grant the Plaintiffs' Motion to Remand. See Sharp Elecs. Corp. v. Metro. Life Ins. Co., 578 F.3d 505, 514 (7th Cir. 2009) ("Normally, when all federal claims are dismissed before trial, the district court should relinquish jurisdiction over pendent state-law claims rather than resolving them on their merits.") (quotation marks and citation omitted). The Court will not reach the issues raised by Defendants DCS and Westgate in their Motion for Partial Dismissal as to Counts IV and V.

For the foregoing reasons, the Court GRANTS the Plaintiffs' Motion for Partial Dismissal [DE 24] and ORDERS that Count VI of the Complaint be DISMISSED pursuant to Federal Rule of Civil Procedure 41(a)(2). The Court also GRANTS the Plaintiffs' Motion to Remand [DE 25] and ORDERS the Clerk of this Court to REMAND this matter to the LaGrange Circuit Court, Indiana. The Court DENIES AS MOOT and WITHOUT PREJUDICE the Motion for Partial Dismissal [DE 14] filed by Defendants DCS and Westgate. Likewise, the Stipulation to Extend Time to File Initial Discovery Disclosures [DE 26] is also rendered MOOT and will be DENIED as such.

SO ORDERED on August 27, 2010.


Opinion Footnotes
*fn1 The Complaint does not allege any count enumerated as "Count I," and thus Count II is the first count in the Complaint. For the sake of clarity, the Court will retain the enumeration of counts indicated in the Complaint.

*fn2 The Petition for Removal actually cites 28 U.S.C. § 1332(a), but the Court assumes this was a scrivener's error. The reference should have been to 28 U.S.C. § 1331.

20100827

http://in.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20100827_0000791.NIN.htm/qx

Sentencing pushed back in fatal neglect case
By Craig Haupert | chaupert@kpcnews.net
Saturday, 30 April 2011 00:00

LAGRANGE — Sentencing has been postponed for a Topeka woman who pleaded guilty in February to Class B felony neglect involving the death of a 16-month-old girl. Christy Shaffer, 32, was scheduled to receive sentencing in front of LaGrange...

http://www.thenewssunonline.com/index.php?option=com_content&view=article&id=18240

(I can't get any more info without first subscribing to their newspaper)

Woman gets 4 years in toddler’s death

May 28, 2011

LAGRANGE — A Topeka woman who admitted neglecting a 15-month-old child in her care was sentenced to four years in prison Friday morning in LaGrange Circuit Court.

A weeping Christy Shaffer, 32, was led from the courtroom in handcuffs. She eventually will be transferred to the Indiana Department of Correction’s Regional Diagnostic Center, where she will be tested to determine where she will spend her prison time.

Judge J. Scott VanDerbeck officially sentenced Shaffer to 10 years in prison, with four to serve and the remainder on probation. He said after testing at the diagnostic center — a period that normally runs from 30 to 90 days — Shaffer can petition the court to have her sentence modified.

VanDerbeck said he was not sure how he would rule on the petition if it is submitted. LaGrange County Prosecuting Attorney Jeff Wible said it was unusual for the judge to make such an offer.

On March 28, 2009, emergency responders were called to the Shaffer’s residence on Pine Street. Alissa Guernsey, who had been placed at the home by the Steuben County Division of Child Services, was taken to the hospital, where she was pronounced dead.

Police reports indicated multiple bruises on the girl’s body. Dr. Scott Wagner, a forensic pathologist, ruled the cause of death as blunt-force trauma to the head and classified the death as a homicide. A LaGrange County grand jury indicted Shaffer in June 2009 on charges of neglect of a dependent causing serious bodily injury, a Class B felony; and neglect of a dependent causing bodily injury, a Class C felony.

Shaffer admitted neglect of a dependent, a Class B felony, during court proceedings Feb. 9. The Class C felony charge was dropped as part of the plea agreement.

Through her attorney, Shaffer asked to have her entire sentence suspended and served on probation.

Wible argued that some jail time was appropriate.

“I think she should be punished,” Wible said. He said the child “died a horrible death. I have to speak for her now.”

“I beg with you,” Shaffer said before the judge’s ruling. “Please have mercy and compassion.”

Approximately seven people spoke on Shaffer’s behalf, all asking VanDerbeck not to give Shaffer prison time. Supporters who took the stand called her a good mother and someone who couldn’t hurt anyone.

Guernsey’s biological mother, Kelli Jean Sprunger, asked VanDerbeck to remember her daughter when making his sentencing decision.

“She suffered,” Sprunger said about the toddler. “She’s never going to be able to be with her family again. I ask for mercy on behalf of my daughter.”

Guernsey had been taken from her mother by the Steuben County Department of Child Services in December 2008. The girl’s mother had been living in the Hamilton area at the time. Steuben County officials placed the child in relative foster care with Shaffer, who is a cousin of the child’s mother.

“She may not have been my biological daughter, but she was my baby while she lived with us,” Shaffer said in asking for leniency.

Wible made two specific points in regards to Shaffer’s neglect charge.

The first was that Shaffer should have noticed the girl’s deteriorating condition. On the night Guernsey died, Shaffer had been running errands with the girl and her own children in a van. Even though Shaffer had no formal medical training, Wible said, she should have noticed something was amiss.

“Had she reacted to the child’s condition, the child could have survived,” Wible said. “She did not react.”

The second point was in regard to the injury that eventually led to the girl’s death. Wible pointed out that Guernsey was in Shaffer’s care when the incident took place.

Before handing down the sentence, VanDerbeck said Sprunger also bore some responsibility for the circumstances that led to her daughter’s death. He said Sprunger’s life choices led to the child being taken from her care in the first place.

On the stand, Sprunger admitted to having abused methamphetamine and marijuana. Sprunger said she did not use meth while she was pregnant with Guernsey.

Testimony from Shaffer’s parents described Alissa Guernsey as being “challenged” and “an extreme handful.”

Shaffer said the young girl would spend a lot of time staring off into space and had poor coordination. She said she and her husband did what they could to make special arrangements for her, including installing baby gates and removing hard objects. At one point, she said, they considered getting a helmet for the girl, who seemed prone to bruising and falls.

http://www.kpcnews.com/index.php?option=com_content&view=article&id=7160

Christy Shaffer only served 77 days for this, her uncle has a FB page called : 77 days for murder. We need to get this baby girl justice. Her autopsy photos clearly showed she died from abuse they are heartbreaking.

it just seems wrong that the bio mom can sue for her death since the child had been taken away from her. also 77 days for murdering this child is wrong all every level. could there b info that could clear this up and i missed it somewhere?

Members of Alissa's family are trying to get the case reopened.
Warning the autopsy photos are graphic and disturbing.
BabyAlissaCries4Justice
http://babyalissacries4justice.org/Home_Page.php

This is the petition for Alissas case to be reopened.

http://www.change.org/petitions/indiana-state-attorney-general-open-a-state-murder-investigation-for-the-fatal-beating-of-alissa-guernsey

Hey I follow BabyAlissaCries4Justice on facebook and they posted this link today and asked for it to make some rounds. I tried to link it here but apparently I'm too new. Is there somewhere I can send it to get it posted here?

Thank you :)

Gingernlw wrote:Hey I follow BabyAlissaCries4Justice on facebook and they posted this link today and asked for it to make some rounds. I tried to link it here but apparently I'm too new. Is there somewhere I can send it to get it posted here?

I was just going to tell you to PM me - but I see mermaid was way ahead of me!