Shawn McMillan

McMillan gained national headlines at the end of 2016 in a case against Los Angeles County Department of Children and Family Services (DCFS) when a jury awarded his client, Rafaelina Duval, $3.1 million in damages for wrongfully seizing her child.

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LOS ANGELES — A woman stripped of the custody of her son amid allegedly false accusations of neglect by children’s social workers who worked for Los Angeles County was denied punitive damages today, but will still receive more then $3 million in compensatory damages.

A Los Angeles Superior Court jury deliberated for about an hour before deciding against assessing punitive damages against social workers Kimberly Rogers and Susan Pender in a lawsuit filed by Rafaelina Duval.

The same panel on Thursday awarded Duval $2.94 million, plus another $165,000 after finding in a separate verdict that she was the victim of discrimination.

Duval alleged that her child...

November 7, 2016

(FOX 11) - A jury finds social workers with the Department of Children and Family Services intentionally and willfully seized a child from his mother without a warrant and did so with malice. Now, LA County has to pay Rafaelina Duval $3.1 million dollars. 

It was on November 3, 2009 when Duval's baby Ryan was removed from her custody.  He was only 15 months old. DCFS social workers accused Duval of general neglect and willfully and intentionally starving her child. Baby Ryan was taken without a warrant. Attorney Shawn McMillan says, "The law is very clear and they get training on this, you can not s...

A woman lost custody of her son due to false accusations of neglect by seven children’s social workers who work for Los Angeles County, an attorney told a jury Monday, but a lawyer for the defendants said the employees took appropriate action because the boy was not being properly fed.

Attorney Shawn McMillan, representing 40-year-old plaintiff Rafaelina Duval, and defense attorney Tomas Guterres gave their assessments during opening statements in trial of Duval’s Los Angeles Superior Court lawsuit. She alleges her child, identified in her court papers only as R.D., was taken from her without a warrant even though no emergency existed.

“Nobody, especiall...

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©2017  Shawn A. McMillan. All rights reserved.

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