Family cannot sue police officer who failed to arrest drug-abusing mother of poisoned toddler

Ava Annmarie Jones died after ingesting an overdose of morphine.  She was two-and-one-half years old.  The family sued Elaine Bitner, an officer who was aware of Ava's mother's drug use, for failing to arrest the mother before she "negligently or deliberately" allowed Ava to be overdosed.  The Court affirmed the trial judge's dismissal of the wrongful death claim, pointing out that governmental actors are liable only if they are THE CAUSE of an injury or death.  Since Ava's mother was clearly alleged to be one cause of the child's fatal intoxication, the claim against hte police woman was summarily dismissed.