Appeals court revives case Man says he was abused at foster home and agency knew

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Appeals court revives case

Man says he was abused at foster home and agency knew

BY ROBERT BOCZKIEWICZ
Created June 5, 2009 at 10:58pm
Updated June 7, 2009 at 12:10am
DENVER — A man who alleges a Kansas state agency knew he was abused as a child in a foster home but failed to take appropriate action is to get his day in court after all.

The federal appeals court in Denver on Thursday revived Charles Patrick Cosgrove's lawsuit against the Kansas Department of Social and Rehabilitation Services and his former foster parents.

They are Alberta Brumley and Delmar Brumley, of Olathe, who pleaded guilty after an investigation, which began in 1992, of child abuse. Their convictions later were expunged, and it isn’t clear if the alleged abuse involved Hargrove or, instead, another child.

The appeals court ruled 3-0 that Senior U.S. District Judge Sam Crow in Topeka erred is throwing out Hargrove’s 2007 lawsuit. Crow dismissed the case, at the request of the defendants, on grounds that Hargrove had waited too long under Kansas law to sue.

The appellate judges, in a 10-page decision, instructed Crow to reopen the case.

Cosgrove was 5 years old in 1984 when he was placed in the foster home of the Brumleys. His lawsuit alleged they physically, emotionally and sexually abused him on a daily basis until 1992 when he was removed from the home.

The judges said that was the year the Brumleys’ 4-year-old adopted son died from extreme physical abuse allegedly from the Brumleys’ adult daughter.

Cosgrove alleged the state agency violated his civil rights because it purportedly knew about the abuse and failed to do anything about it. The agency said Friday it licensed foster homes and was responsible for their oversight.

“The agency believes that ultimately the allegations made against the agency will be proven baseless,” said spokeswoman Michelle Ponce.

Robert Boczkiewicz covers the 10th U.S. Circuit Court of Appeals in Denver. He can be reached at REB1den@aol.com.

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