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Fond du Lac Reporter - Lawsuit filed in Waupun foster home beating
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Foster parent faces trial in death of 3-year-old
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Posted September 18, 2006

Lawsuit filed in Waupun foster home beating

By Colleen Kottke
The Reporter

ckottke@fdlreporter.com

JUNEAU — A lawsuit has been filed in Dodge County by the mother of a 3-year-old child that died after being beaten to death in a foster home.

A claim filed by Ashley Mundt last month on behalf of herself and her sons Ethan Schwartz and the late Camron Gardner alleges that Dodge County and the Dodge County Human Services and Health Department failed to protect her children by placing her sons in the home of Shane and Jessica Marquardt, which she believes was an unsafe environment.

Shane Marquardt, 32, is accused of punching both children in the stomach on May 5 in his Waupun home during an alleged fit of rage. Internal injuries sustained in the beatings subsequently caused the death of Camron and the hospitalization of his younger brother, Ethan, now 3.

Marquardt is charged in Dodge County with first-degree reckless homicide and first-degree reckless injury.

In her claim, Mundt alleges that Dodge County child welfare officials did not probe deep enough into the background of the Marquardt’s before approving their state foster home license. This allegation is also being explored during a state investigation launched earlier this year by the Department of Health and Family Services. The agency is currently reviewing the case to identify any factors or conditions that may have contributed to or resulted in Gardner’s death or Schwartz’s hospitalization.

Stephanie Marquis, a department spokesperson, expects the investigation to wrap up in October.

The claim filed on Aug. 30 alleges that as a result of the failure of the Marquardt’s to provide for the safety of the children, Camron experienced physical and emotional pain and subsequently death, and Ethan who also endured physical and emotional pain and will experience future pain and suffering. Mundt contends that she lost the past and future society and companionship of her son, Camron, and her son, Ethan, as well as their earnings and services as allowed under Wisconsin Law.

Mundt is seeking $50,000 in damages per each claimant.

Dodge County Corporation Counsel John Corey is expected to bring the claim before the Dodge County Board of Supervisors at their 7:30 p.m. meeting Tuesday. Corey could not be reached for comment on Monday.


Story Chat

You Should Be Ashamed!!!! Tue Sep 19, 2006 5:55 pm
If you have even one decent bone in your body you would read this and make a apology.
Try getting the Facts the next time you decide to bash someone that is undeserving of it!!!

Lawsuit filed without permission, says mom

JUNEAU — The mother of a 3-year-old child who died while in a Waupun foster home says she did not authorize a lawsuit to be filed on her behalf in Dodge County.

Ashley Mundt told The Reporter today she had no intention of seeking monetary damages from Dodge County or the Dodge County Human Services and Health Department in connection with the death of her son, Camron Gardner, and the injuries sustained by his younger brother, Ethan Schwartz.

Foster parent Shane Marquardt, 32, of Waupun, is accused of beating both boys while they were under his care on May 5.

“As far as I am concerned, there is no lawsuit and I don’t want it to go forward,” Mundt said. “I already know in my heart that no one at the County knew that something like this would happen with the Marquardts.”

Mundt is especially concerned that a lawsuit against the county would single out the social worker assigned to work with her and her children.

“This woman went beyond the call of duty working with me and the boys. I am positive she hadn’t any idea that they could be in danger,” Mundt said.

Mundt said she met with her attorney at the end of August to discuss what legal options were available to her. It was her understanding that the county and state were immune from lawsuits involving foster home abuse.

“Foster parents aren’t employees of the county,” Mundt said.

Mundt learned this week that her Milwaukee-based attorney had filed a notice of injury with the county following their Aug. 22 meeting.

“There is a window of 120 days to file legal action in some cases and I think he did this to reserve our right to claim damages,” Mundt said. “I’m sure he had our best interests at heart when he filed it, but I am trying to get this suit released as soon as possible.”

Mundt does, however, plan to file a civil lawsuit against Shane Marquardt sometime in the future.

“There is no statute of limitations for murder,” Mundt said, adding that she would not seek any damages from Marquardt’s wife, Jessica. “It’s been proven that she wasn’t home at the time of the incident.”

The claim filed on behalf of Mundt and her sons alleges Dodge County and the Dodge County Human Services and Health Department failed to protect her children by placing her sons in the home of Shane and Jessica Marquardt, thought to be an unsafe environment.

Shane Marquardt is accused of punching both children in the stomach in his Waupun home earlier this year during an alleged fit of rage. Internal injuries subsequently caused the death of Camron and the hospitalization of his younger brother, Ethan, now 3.

Marquardt is charged in Dodge County with first-degree reckless homicide and first-degree reckless injury.

The claim sought to recoup $50,000 in damages per each claimant.

Notice of the pending lawsuit against Dodge County and Dodge County Human Services and Health Department was published on the agenda for the Sept. 19 Dodge County Board of Supervisors meeting.

http://www.fdlreporter.com/apps/pbcs.dll/article?AID=/20060919/FON0101/60919037/1985
Reader Comment Tue Sep 19, 2006 4:46 am
I assume both of your doorsteps are clean since you are here sweeping someone elses. Have either of you walked in this young ladies footsteps? If not I suggest you quit making such idiots out of yourself by bashing her on a public message board. I bet if either of you had to face the Mother and say these things that you wouldnt do it! But you think its ok because you are hiding behind your computer screen where nobody can see you. Why dont you leave this young lady alone and go and find something else to do with your Miserable Selves!
Reader Comment Mon Sep 18, 2006 5:34 pm
Are you insinuating that the mother is to blame for her child's death? ("I guess it doesn't surprise me because she doesn't blame herself for any of this.") Shame on you. Only one person is responsible for the death of that poor innocent child, and that is Shane Marquardt. Regardless of whatever the mother may have or may not have done for her child, she did not do anything to warrant that cold-hearted comment.

But, by the same token, the Dept. Of Social Services should not be blamed for this either. I agree that the lawsuit is frivolous and, hopefully, will be dismissed. And, I also agree that any monies awarded should go to the education and future of her remaining child.

It's a sad world that we live in. We are free to sue whomever we want for whatever we want. A child is murdered and now someone's trying to squeeze a few bucks out of it. Pathetic. Crying or Very sad
Not a surprise. Mon Sep 18, 2006 3:25 pm
Mad Here we are a few months later and here is the lawsuit we all were waiting for. I guess it doesn't surprise me because she doesn't blame herself for any of this. If the courts gives her this money the money should only go to the education and future of her other child not for her benefit.

Once again we pay for unfit parents who shouldn't have children in the first place.
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