$2.25 millionSettlement

$2.25 Million Settlement After Dakota County Cleared Child for Reunification Days Before His Death

Settlement · Dakota County, Minnesota · 2024

Won by Meshbesher & Spence.

Dakota County paid $2.25 million to settle a wrongful death suit brought by Tory Hart after county child protection workers recommended reuniting his six-year-old son with the mother, who fatally shot the child ten days after a court terminated its jurisdiction.

What happened

In January 2021, Dakota County took custody of six-year-old Eli Hart following concerns about his home environment. His father, Tory Hart, documented the mother's drug use, paranoia, and hallucinations throughout the proceedings. In August 2021, a county social worker concluded that reunification with the mother was unsafe. Two months later, county officials reversed that position and began pushing for reunification over the father's repeated objections.

On May 10, 2022, a Dakota County judge terminated court jurisdiction over the custody matter, acting on recommendations from county social workers and a guardian ad litem. Ten days later, Orono police pulled over the mother's vehicle and found the child's body in the trunk. An autopsy determined he had been shot as many as nine times.

Tory Hart, as trustee for the child's heirs, filed a wrongful death suit against Dakota County and two county employees, Beth Dehner and Jennifer Streefland, alleging negligence in the decision to clear the mother for reunification. The suit contended that officials ignored documented warnings and failed to protect the child when they had both the authority and the information to do so. The mother was convicted of first- and second-degree murder on February 8, 2023, and sentenced to life without parole.

The parties reached a $2.25 million settlement, approved by the court on December 3, 2024. Of that amount, Tory Hart received just over $1.2 million; paternal and maternal grandparents received $25,000 each; and the remainder went to legal fees and costs. Dakota County did not admit wrongdoing.

Andrew Davick of Meshbesher and Spence represented the Hart family, working alongside co-counsel from Dunlap and Seeger. The settlement is one of the larger wrongful death recoveries against a Minnesota county in a child protection case in recent years. The Hart family has stated plans to use part of the proceeds to expand the Eli Hart Foundation, which provides scholarships and legal assistance to families going through the child welfare system.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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