Grieving Father Sues County for Failure to Stop Abuse

"Matthew Radke tried to get someone to pay attention to the bruises on his 18-month-old son, Makaio, for three months. First police, then a doctor, then a court-appointed advocate saw bruises on the toddler. Three times, Freeborn County child-protection workers visited the Albert Lea home where Makaio lived with his mother and two friends of hers. Three times, Peggy Radke's explanations satisfied the caseworkers. On April 21, 2001, less than 24 hours after the last visit, Makaio was found dead — his ribs broken, his lungs punctured and his body nearly covered with bruises. He had been left alone for 12 hours with 27-year-old Paul Gutierrez, who is now serving life in prison without parole for the boy's death.

But Matthew Radke also blames the county. In what could turn out to be a landmark case, Radke is suing Freeborn County, claiming it failed to stop the abuse. Last year, the suit was given a green light by the Minnesota Supreme Court — the first time a citizen has been allowed to sue a county under the state's child-protection statute." By Rick Links, Pioneer Press Link to Article (last visited 8-16-06 NVS)

Read Radke v. County of Freeborn, 694 N.W.2d 788 (Minn. 2005) Link to Westlaw (last visited 8-16-06 NVS)