The State of Arizona, Cochise County Sheriff Mark Dannels, and two prison inmates are among several defendants awaiting a federal judge’s ruling on who will stand trial in a lawsuit brought by four children whose adoptive parents -a sheriff’s dispatcher and a child welfare case manager- are serving prison sentences for child abuse.
The lawsuit filed last year in Cochise County Superior Court by the adoptive children of Brian and Monica Campbell alleges multiple civil rights violations as well as 11 other counts including aggravated negligence by way of willful or wanton conduct. The case was transferred to U.S. District Court in Tucson earlier this year at the request of Cochise County and its sheriff.
The parties have been waiting since May for U.S. District Judge Scott Rash to rule on a number of pending motions, including whether the State of Arizona’s Department of Child Services (DCS) should be dismissed from the case.
DCS was involved with the Campbell family in two ways: as Brian Campbell’s employer and as the state agency which placed the children in the Campbell home as foster children a dozen years ago and advocated for the couple’s applications for adoption. The lawsuit alleges DCS staff mishandled multiple reports dating back to 2012 about child abuse committed by the parents.
Brian and Monica Campbell were each sentenced to three-year prison terms after pleading guilty in December 2020 to four counts of child abuse by domestic violence for offenses dating as far back as 2016. They too have filed a motion to dismiss the lawsuit, arguing that the children “have not pled allegations sufficient to support a cause of action” against the couple.
Although Cochise County and its sheriff have not filed a motion to dismiss, an attorney for both filed an answer to the lawsuit denying more than 60 allegations.
“To the extent any of the allegations are deemed factual or are intended to allege, or serve as, a basis for any liability or wrongdoing on the part of the County or Dannels, the allegations are specifically denied,” the answer states, adding that the parties were without sufficient knowledge to admit or deny another 30 or so allegations.
The only CCSO deputy named in the lawsuit is Sgt. Louis Tartaglia, who responded to or supervised some of abuse-related calls for service reported to CCSO.
The lawsuit alleges Tartaglia “deliberately and routinely failed and/or refused to execute search warrants, adequately preserve records and other evidence, assign proper personnel to investigate Plaintiffs’ reports of abuse and neglect, and instructed deputies to intentionally ignore Plaintiffs’ reports of abuse and neglect” from 2016 through at least 2018.
At the time, Monica Campbell was employed as a dispatcher for the sheriff’s office.
An answer filed on behalf of Tartaglia and his wife by an attorney provided by Cochise County’s risk management carrier asks that judgment be entered in their favor and that the Defendants Tartaglia “be awarded all attorneys’ fees, costs, and other forms of relief authorized by law or deemed just by this Court.”
Judge Rash has several options when considering the various motions to dismiss. He can drop some or all of the counts against one or more defendants, or he could allow the lawsuit to stand as is. Even if the judge dismisses some counts, he can grant the children’s attorneys an opportunity to file amended complaint.
A federal jury trial would likely not take place until late 2022 or early 2023 based on court backlogs due to COVID-19.
The nature of the child abuse in the Campbell home became public in July 2018 when a CCSO deputy arrested Brian Campbell for domestic violence assault of one of the four children. The assault, which included a punch to the head and the use of a Taser, was recorded by indoor surveillance cameras the parents installed throughout the home.
A deputy subsequently recorded video playback on his cell phone, which proved vital because by the time Tartaglia applied for a search warrant weeks later the original video was no longer available.
Brian and Monica Campbell were later charged in early 2019 with multiple felonies for a wide range of abusive conduct. Their guilty pleas were part of a negotiated plea agreement approved by the children after a Cochise County judge signed orders severing the Campbells’ parental rights.
LEARN MORE ABOUT THE CAMPBELL CASE: Child Abuse Lawsuit Involving Former AZ DCS Caseworker Moved To Federal Court
