Judge dismisses state from DeBrodie civil suit

A federal judge dismissed several people from the state Department of Mental Health who were named in a lawsuit by Carl DeBrodie’s family.

The ruling leaves the door open for DeBrodie’s family to refile a claim against the state, should it find out that people took specific actions to harm him, or knew of such actions.

Judge Doug Harpool ruled that the department, along with several top leaders, could not be sued for constitutional violations due to sovereign immunity, and that DeBrodie’s family could not point to specific instances that their actions led to DeBrodie’s death.

DeBrodie’s mother, Carolyn Summers, sued the state, Callaway County and the group home where he resided, Second Chance Homes of Fulton, for failing to properly care for him and violating his right to due process. Fulton police found DeBrodie’s body hidden within concrete inside of a storage unit in April 2017, but suspect he had died much earlier. Five people from Second Chance Homes face criminal charges, including involuntary manslaughter.

The lawsuit blamed the Department of Mental Health for not imposing and enforcing rules to keep DeBrodie safe, including face-to-face visits that nurses lied about making. Harpool, though, said that the due process clause does not require the government “to provide for its citizens, even when such aid may be necessary to secure life or liberty.”

“Inadequate public policy alone is rarely sufficient to support claims of a constitutional violation,” Harpool said.

Debra Walker, spokeswoman for the DMH, declined to comment on the ruling.

Rudy Veit, the attorney for Summers, said he had not yet read the ruling on Friday afternoon.