Lawsuit: Wisconsin and SW Peter Nelson

“An emotionally troubled woman who was impregnated by a state social worker sent to her home to investigate an allegation of child maltreatment is seeking $15 million in damages in a trial that began Monday in federal court.

The caseworker, Peter J. Nelsen, testified Monday that he repeatedly had sexual relations with the woman, Theola Nealy, and then, when she became pregnant, pressured her to have an abortion.

Nealy refused. Within weeks, Nelsen’s employer — the Bureau of Milwaukee Child Welfare — placed her two children in state custody. They have never been reunited.

Nealy gave birth to a daughter on Aug. 19, 2008. Nelsen retains full custody of the child.

The case is being tried before U.S. District Judge Charles Clevert. Most facts are not in dispute.

What is in dispute is whether Nelsen was acting in the scope of his employment as an initial assessment worker for the state-run bureau. If so, the state would be liable for damages he inflicted.

Nelsen, who now works as a janitor, has little money and is in effect judgment-proof. He is not putting on a defense.

The state, represented by Monica A. Burkert Brist, and Nealy, represented Joy Bertrand and Elizabeth Fernandez, have agreed:

Nelsen was assigned by the bureau to investigate an allegation of maltreatment involving Nealy’s two children in the summer of 2007. Though Nelsen concluded that the allegations were without merit, he did not immediately tell Nealy.

The bureau received another allegation of maltreatment later that summer. Although another bureau worker was assigned the case, Nelsen told Nealy he would handle it. That allegation was also found to be without merit.

Nelsen continued to visit Nealy’s home. Though uncomfortable with his visits, Nealy allowed them, afraid he had the power to put her children in state custody.

Nelsen began to have sex with Nealy in the fall of 2007.

That spring, a caseworker for Wisconsin Works demanded that the pregnant Nealy tell her the name of the father. Afraid her benefits would be cut or denied, Nealy told her Nelsen’s name and that he was a social worker. Both the Bureau of Milwaukee Child Welfare and Wisconsin Works are administered by the state Department of Children and Families.

Nelsen, a 12-year veteran of the bureau, was allowed to resign in April 2009.

Under state law, the bureau was required to report Nelsen to the Department of Regulation and Licensing, but it failed to do so until contacted by the Milwaukee Journal Sentinel.

The trial, which is before a jury of six men and six women, is expected to last through Thursday.

Nealy is expected to testify Tuesday.”

Woman seeks damages from caseworker who fathered her child[Journal Sentinel 9/22/14 by Crocker Stephenson]
“A federal jury ruled Wednesday that the state of Wisconsin is not financially liable for a Bureau of Milwaukee Child Welfare social worker who impregnated an emotionally troubled woman he had investigated for child maltreatment.

However, the jury awarded Theola Nealy $50,000 in compensatory damages and $1 million in punitive damages. The defendant, Peter Nelsen, is responsible for the entire amount but the state is not financially liable for his behavior.

Nealy had sought $15 million in damages.

Nelsen has admitted that he was assigned by the bureau in July 2007 to investigate an allegation that Nealy had abused or neglected her two young children. The former social worker now works as a janitor and has few resources.

Nelsen has admitted he had sex with her several times in the fall of that year. Nealy testified on Tuesday that she did not want to have sex with Nelsen but did so because she was afraid he would place her children in foster care.

Nealy discovered she was pregnant in November 2007. She testified that Nelsen threatened to remove her two children if she did not have an abortion. Nelsen denied he made such a threat.

Nealy refused to have an abortion, and the bureau removed both children. They have never been returned.

Nealy gave birth to a daughter on Aug. 19, 2008. Nelsen controlled her contact with the child. Nealy testified on Tuesday that she was afraid she would lose custody of the child if she told anyone what had happened.

In the spring of 2009, Nealy told both a bureau caseworker and a W-2 worker about Nelsen. The W-2 worker, not the bureau caseworker, told bureau officials about Nelsen.

Rather than fire Nelsen, the bureau accepted his letter of resignation in April 2009. Nelsen’s resignation was treated as a termination, and he was denied unemployment benefits.

Nelsen retained placement of the baby and was eventually awarded full custody of the child.

Nealy’s attorney, Joy Bertrand, argued that Nelsen used his position with the bureau to manipulate Nealy into having sex with him and to gain access to their daughter. He did these things, she argued, within the scope of his employment, making the state liable for damages.

But Monica A. Burkert-Brist, an assistant attorney general, argued that Nelsen’s abuse of Nealy was well out of his scope of employment. Though despicable, he and he alone was responsible for damages”

Woman impregnated by her social worker awarded $1.05 million in damages[Journal Sentinel 9/24/14 by Crocker Stephenson]

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