From Avendano v. Shaw, decided Friday by a five-Justice division of the Alabama Supreme Court (in an opinion by Justice James Mitchell, joined by Chief Justice Tom Parker; Justices Greg Shaw, Tommy Bryan, and Brady Mendheim concurred in the result, but without a separate opinion):
This case stems from the serial fraud of Brandy Murrah, the former owner of a drug-screening laboratory who is now in prison for falsifying test results. The plaintiffs, Angel Avendano and Sandy Knowles, claim to be victims of Murrah's fraud and allege that social worker Victoria Shaw conspired with Murrah to falsify the results of their drug tests…. {For purposes of this appeal, we view the record in the light most favorable to Avendano and Knowles, and we resolve factual disputes and ambiguities in their favor to the greatest reasonable extent.}
Angel Avendano is the father of two children who, during the time frame relevant to this case, had been placed in foster care. Though the children's foster parents were their primary caregivers, Avendano retained visitation rights and would regularly host the children at his home. Avendano's employer, Sandy Knowles, was close with Avendano and would help care for the children while they were staying with him.
During the children's time in foster care, one of the foster parents came to believe that the children's biological mother (Avendano's ex-wife) had been using illegal drugs around the children. The foster parent decided to give the children an at-home drug test, which allegedly turned up positive. The Dale County Department of Human Resources ("DHR")—the agency charged with providing child-protective services and overseeing the county's foster-care system—soon launched an investigation. As part of that investigation, DHR social worker Victoria Shaw (who all parties agree is an employee of the State of Alabama for purposes of this appeal) went to Avendano's house, accompanied by Brandy Murrah, and asked Avendano and Knowles to submit to drug tests administered by Murrah. Believing that the tests were legitimate, Avendano and Knowles agreed.
