Lawsuit dismissed in child death case
Mar. 8—CHIPPEWA FALLS — The lawsuit filed by the parents of a 6-month-old boy who was allegedly killed by a 10-year-old girl on Nov. 1, 2018, has been dismissed.
Judge James Peterson issued a summary judgment to dismiss the lawsuit. The case was initially filed in Chippewa County Court.
The boy, Jaxon Hunter, was at a daycare, which also serves as a foster home, in the town of Tilden on Oct. 30, 2018 when the girl — who lived there as a foster child — was alone inside the house while everyone else was playing outside. The girl told authorities she panicked after dropping Jaxon, and then she stomped on his head when he began to cry.
Jaxon was transferred to a hospital in Minnesota, where he died Nov. 1, two days after the attack.
The girl was initially charged with first-degree intentional homicide by someone age 10 or older and was placed in a secure detention center. The case was moved out of adult court into juvenile court, and results of future rulings will not be made public.
The lawsuit was filed in December 2020 by Jaxon's parents, Stephanie Hunter and Nathan Liedl. The defendants were Chippewa County Department of Human Services, its director, Tim Easker, foster care coordinator Serena Schultz and unidentified "Jane Doe" social workers.
The lawsuit contended the defendants didn't do enough to warn them that the girl was a "dangerous actor" and a threat to vulnerable children.
However, the attorney representing Chippewa County argued that the county and its employees "did not act improperly or in violation of plaintiff's constitutional, civil and/or statutory rights."
The injuries and damages "were not caused by a governmental policy or practice," the county argued in its defense. All defendants "were in good faith and not motivated by malice or the intent of harm."
Liedl said he was "frustrated and disappointed" by the ruling.
