Jury Finds Systemic Constitutional Violations and Negligence in Foster Care Placement
LOS ANGELES, Feb. 3, 2026 /PRNewswire/ — Attorneys from May Jung LLP, Lear Werts, LLP, and Orange Law Offices secured a $9 million federal jury verdict on behalf of Sumoyyah Lee, individually and as the representative of her deceased infant son, Erick A. Lee (“Baby Erick”), after the jury found that the County of Los Angeles, acting through its Department of Children and Family Services (DCFS), violated the Fourteenth Amendment of the United States Constitution, resulting in the death of the seven-month-old child.
Mrs. Lee was represented at trial by Je Yon Jung, of May Jung LLP and Lear Werts, LLP, and Olu Orange, Orange Law Offices.
The jury found that Los Angeles County engaged in a policy, practice, or custom of constitutional violations that failed to protect Baby Erick from harm and affirmatively placed him in danger while he was in foster care. Baby Erick died from chronic dehydration and/or malnutrition after approximately three months in the care of a DCFS-approved foster parent.
The verdict also held the County liable for failing to adequately train, supervise, discipline, and correct DCFS social workers, including Llanet Acosta, who was found individually liable for negligence. According to counsel for Mrs. Lee, the jury’s decision represents the first known jury verdict imposing Monell liability against Los Angeles County DCFS for systemic constitutional violations.
Evidence of Systemic Failure
At trial, the jury heard evidence that the foster parent to whom Baby Erick was assigned had a significant and troubling history with DCFS, including the death of her own biological child and the death of another foster child just months before Baby Erick was placed in her care. Despite this history, DCFS approved the placement and failed to intervene as Baby Erick’s condition deteriorated. Attorney Olu Orange remarked, “DCFS could not give a straight answer to the question: How many kids have to die in a foster home before you won’t put anymore kids there? At that point they were cooked.”
Evidence further showed that Baby Erick was not provided adequate food and/or medical care while in DCFS custody. The jury also heard testimony regarding DCFS’s longstanding pattern and practice of failing to conduct internal or administrative investigations into more than 20 foster child deaths, including cases where the cause of death was undetermined. The violations resulted from the collective acts and omissions of multiple DCFS agents and employees, underscoring systemic failures rather than isolated misconduct.
Statements from Counsel and Family
Je Yon Jung, lead trial attorney, issued the following statement:
“The message from this jury is unmistakable: Los Angeles County and DCFS have failed to protect the most vulnerable children among us. When the County removes a child from his/her parent, it assumes the role and responsibility of that parent. DCFS did not just fail to protect Baby Erick; they placed him in danger. They egregiously failed Baby Erick, Mrs. Lee, and countless other foster children whose deaths did not even warrant an investigation into the cause of death.”
Baby Erick’s mother, Mrs. Lee, added:
“I have waited more than three years for justice and accountability for the death of my son. This verdict will not bring my baby back, but I hope it forces DCFS to change so that no other child or family has to suffer the way we have.”
A Verdict with Broad Implications
This jury’s decision sends a powerful warning to Los Angeles County and child welfare agencies nationwide and raises a critical question for the community:
Who protects children when child protective services fail?
For years, DCFS ignored court orders, internal policies, and state and federal mandates designed to safeguard children in foster care. This verdict represents a decisive rejection of that culture of indifference and affirms that constitutional rights do not disappear when children enter foster care. While the verdict marks a critical step toward accountability, it also underscores that significant reform and oversight remain necessary to prevent further loss of life.
National research underscores the broader implications of this verdict. Studies, including analysis published by the Federal Reserve Bank of New York, have found significant racial disparities in child welfare systems nationwide. Research indicates that Black children are approximately 50 percent more likely to be placed into foster care than white children with the same assessed risk of maltreatment, raising persistent concerns about systemic bias and oversight failures within child protective services. While the jury’s verdict was based on the specific facts of Baby Erick’s case, it highlights longstanding concerns about accountability, transparency, and equity in foster care systems across the country.
CONTACT: Kameron Coefield, info@mayjung.com
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SOURCE May Jung LLP
