Judge Allows Negligence Suit Against Arizona Child Agency
A court ruled a lawsuit against the state child safety department may proceed despite claims of qualified immunity.
Updated on Oct. 20, 2026 in Sex Crimes
A Maricopa County Superior Court judge has cleared the way for a negligence lawsuit against the Arizona Department of Child Safety to move forward. The litigation claims the agency failed to act on multiple reports of abuse involving two brothers in Scottsdale.
Why it matters
The lawsuit alleges that agency employees ignored seven separate warnings from professionals regarding the children's welfare between 2017 and 2021. By denying the state's request for dismissal, the court allows the case to examine potential procedural failures within the department.
A Maricopa County Superior Court judge rejected a qualified immunity dismissal request, allowing the negligence case to proceed to discovery. Meanwhile, Stephanie Davis and Thomas Desharnais face upcoming criminal trial proceedings.
The players
Arizona Department of Child Safety
This is the state agency responsible for child welfare and the investigation of abuse reports in Arizona.
Stephanie Davis
She is a defendant currently facing charges of first-degree murder and child abuse.
Thomas Desharnais
He is a defendant currently facing charges of first-degree murder and child abuse.
The details
The lawsuit stems from the death of 11-year-old Chaskah Davis Smith, who was found injured at a Scottsdale hotel in January 2022, and the permanent injuries suffered by his 9-year-old brother. Plaintiffs allege that teachers, police, and advocates reported concerns to the agency multiple times, yet the department failed to protect the children.
Timeline
Seven reports regarding the children were filed between 2017 and 2021.
Chaskah Davis Smith was found injured at a hotel in January 2022.
The lawsuit against the state agency was filed in 2026.
The criminal trial for the defendants is scheduled for 2027.
Legal Context
The court's decision to deny qualified immunity in this child negligence case limits the protections usually afforded to state employees. This ruling marks a departure from standard immunity precedents by allowing a civil case against a state department to advance despite the state's request for dismissal.
Residents in the area may see increased public scrutiny regarding the transparency and accountability of state welfare investigations. The ongoing legal proceedings could also lead to future reforms in how local departments process safety reports from teachers and law enforcement.
The takeaway
This case highlights the legal risks when state agencies fail to act on documented reports of child abuse. Families and the public are left to see if the civil litigation will force changes in departmental safety protocols.
What happens next
The criminal trial for Stephanie Davis and Thomas Desharnais is scheduled to begin in 2027.
Further reading
For broader updates on regional legal matters, see Arizona Sex Crimes.
Source note: This article includes information reported by abc15 Arizona.
