Fighting for Justice When State Systems Fail Our Most Vulnerable
In a powerful new decision out of the Indiana Court of Appeals, the tragic death of 4-year-old Judah Morgan—beaten and murdered just months after being returned to his abusive parents—has prompted the court to revive key parts of a wrongful death lawsuit against the Indiana Department of Child Services (DCS). The case (Estate of Judah Morgan v. Indiana DCS) should grab the attention of every parent, foster family, and citizen in southern Indiana who’s ever asked: “Where was DCS when that child needed help?”
I’m Marc Sedwick, and I help families in Southern Indiana and the Louisville area hold public agencies and bad actors accountable when their failures lead to unthinkable harm. This case shows just how important it is to press forward—even when the law seems stacked against you.
What Happened to Judah?
Judah Morgan was only four years old when DCS returned him to the custody of his biological parents after years of foster placement. Despite prior abuse investigations and troubling signs, DCS allowed him to go back to a home where he was tortured and killed.
Judah’s former foster parent and cousin, Jenna Hullett, was later appointed as the personal representative of his estate. She filed a lawsuit against DCS, arguing that the agency’s gross negligence contributed to Judah’s horrific death.
What the Trial Court Got Wrong
The trial court originally threw out the lawsuit, claiming:
- Hullett didn’t have “standing” under Indiana’s Child Wrongful Death Statute (CWDS) because she wasn’t Judah’s custodial guardian at the time of his death.
- The other claims—under Indiana’s General Wrongful Death Statute (GWDS) and Survival Statute—were filed too late.
But here’s the truth: justice for children like Judah should not hinge on procedural technicalities.
What the Court of Appeals Fixed
In a well-reasoned opinion, the Indiana Court of Appeals reversed much of the lower court’s decision:
– Wrongful Death & Survival Claims Can Proceed
The court ruled that although the claims were added later in the process, they were based on the same facts as the timely original complaint. Under Indiana law (Trial Rule 15(C)), this meant the new claims “related back” and were not barred by the statute of limitations.
– Child Wrongful Death Statute Dismissal Stands
However, the court agreed with the lower court that only a parent, guardian, or custodial grandparent can bring a claim under CWDS. Because Hullett was not Judah’s legal guardian at the time of his death, that part of the case could not go forward.
Why This Case Matters to Southern Indiana Families
Too often, families feel powerless when DCS fails to act—or acts too late. This case shows that while Indiana’s laws may limit who can bring certain claims, the courts can and do step in when agencies try to hide behind technicalities.
More importantly, it shows the value of persistence. Judah’s representative fought through dismissals, motions, and legal hurdles to ensure someone answered for the preventable death of a child.
What This Means for Your Family
If your family has been harmed by the negligence of a public agency—whether it’s DCS, a school, or a healthcare provider—don’t assume your case is hopeless. Indiana law is complex, but when a tragedy happens, you deserve to know all your options.
I handle wrongful death, abuse, and civil rights cases across southern Indiana and Louisville, and I’m not afraid to take on powerful institutions. If you’re dealing with a case involving DCS, delayed investigations, or agency neglect, call me. Let’s talk about how we can fight for accountability together.