INDIANAPOLIS — A federal judge has dismissed a federal lawsuit filed by a Brownsburg couple who say they were wrongfully accused of child abuse.
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It’s an update to a story WRTV Investigates first brought you in October 2025 about Grant and Myranda Phillips.
Judge James Sweeney, U.S. District Court Southern District of Indiana, dismissed the case on March 31 with prejudice, meaning it can’t be refiled at a later date.
“Obviously disappointment,” said Grant Phillips. “It’s an emotional roller coaster.”
Judge Sweeney found Indiana Department of Child Services (DCS) caseworkers and doctors at Riley Hospital for children have “qualified immunity,” pointing to a recent Court of Appeals decision handed down in 2025 in another DCS-related case.
Phillips said DCS and doctors have too much protection from liability.
“I don't think that the bar should be so high to parents that are treated like this in these kinds of cases to have to prove that, you know, these people were acting so recklessly,” said Grant. “They're basically entitled to such a level of protection that they have no scrutiny in their work.”
The Phillips’ attorney Brad Caitlin said qualified immunity shields government employees.
“Indiana does not allow anyone to bring a claim against DCS or its employees because of an employee’s error, no matter how egregious and harmful that error was,” said Caitlin. “DCS employees are the only governmental employees in the State of Indiana that are protected in this way.”
Caitlin went on to say, “These immunities formed an impenetrable wall, leaving the Phillips with trauma, but no legal remedy.”
Brownsburg couple filed lawsuit alleging they were wrongfully accused of child abuse
In December 2022, Myranda noticed Nara’s leg was warm and swelling.
Myranda took the baby to Riley Hospital for Children.
"It was just a rush of doctors and nurses coming in,” said Myranda. “No one is telling us what they’re doing, what they’re looking for.”
Medical staff did X-rays and found a fracture in Nara’s tibia, commonly known as the shin bone.
The Phillips say a DCS caseworker told them to bring their older daughter, Odessa, to the
hospital as well, but x-rays revealed Odessa did not have any fractures.
What happened next changed everything for the Phillips family.
“The case manager told me they were going to take both of our girls away,” said Myranda. “It was shocking. How do you react as a parent? You brought your baby in to get help for something you don’t know what is going on and then, in turn, not only are they not helping you figure out what’s going on, they tell you that they’re going to take your children— both of them.”
Both Grant and Myranda deny ever abusing their daughters.
WRTV Investigates asked Grant if it’s possible someone abused Nara.
“Absolutely not,” said Grant. “Absolutely no indication that our daughter had any of this going on. Nothing from her pediatrician throughout the entire, you know, almost three months that she was seeing her in her early stages of life.”
Desperate for answers and to get their kids back, the couple dove into research.
Couple says rare genetic condition is to blame for Nara’s fracture
"That’s when we came across Ehlers-Danlos syndrome,” said Myranda.
Ehlers-Danlos syndrome, or EDS, is a rare genetic condition that affects connective tissues.
According to the Phillips’ lawsuit, EDS is associated with a higher rate of fractures in children.
A 2017 Boston University study found EDS is associated with fragility fractures in infants
that can be misinterpreted as child abuse.
The Phillips say they met with an expert who diagnosed the couple and both girls with Ehlers-Danlos syndrome.
"We knew this was our answer,” said Myranda.
According to the Phillips’ federal lawsuit, child abuse pediatricians at Riley Hospital for Children did not “rule out genetic conditions that could affect bone fragility” before informing DCS about Nara.
One doctor has denied the allegation in a response to the court on May 21, 2025.
The Phillips’ lawsuit points out DCS has a contract with Indiana University for doctors specializing in child abuse to provide evaluations that help DCS determine whether injuries are a result of abuse or neglect.
The contract has been in place since 2011 and DCS has paid $7.54 million to date for those services, according to the state.
The Phillips’ lawsuit named several doctors and DCS employees, and alleged they seized the children without probable cause, without a court order, and when the children were in no imminent danger.
“DCS will always defer to these child abuse pediatricians whether they're proven right or wrong,” said Grant Phillips.
Grant says both daughters continue to show symptoms of EDS.
“There's been issue with like hyper-extension,” said Grant. “So, you know, they'll easily pull their muscles and things of that nature. So, you know, we don't do bounce houses and things like that at parties.”
Colorado professor, child abuse pediatrician explains role
WRTV Investigates spoke with a child abuse pediatrician who is not affiliated with Indiana or the Phillips’ case.
Dr. Antonia Chiesa is a professor of pediatrics at the Colorado School of Medicine with a specialty in child abuse pediatrics.
“We’re a relatively new medical specialty,” said Dr. Chiesa. “We are trained on all forms of child maltreatment, physical abuse, sexual abuse, neglect and sexual assault."
Child abuse pediatrics was approved as a new specialty by the American Board of Pediatrics (ABP) and the American Board of Medical Specialties in 2006, according to the American Academy of Pediatrics website.
Dr. Chiesa can’t comment on the Phillips’ case, but she said child abuse pediatricians are trained to look for conditions that mimic abuse.
“If a child comes in with bruising, we don’t automatically jump to the conclusion that the child’s been abused,” said Dr. Chiesa. “We take a good history. We do an exam. We speak to the parent or the child if they’re verbal, and we think about other conditions that could be causing this."
Dr. Chiesa says child abuse pediatricians collaborate with other medical colleagues.
“When it’s gray and ambiguous and a diagnosis can’t be determined, we need to say that,” said Dr. Chiesa.
When there is a diagnosis of abuse, medical providers must legally report those concerns, said Dr. Chiesa.
“We are not there to figure out who did what,” said Dr. Chiesa. “We are just there to say, with the best understanding of the medical literature in our practice, this injury is diagnostic or makes sense for physical abuse.”
DCS and IU Health Responses
WRTV Investigates contacted Indiana University Health for comment on the dismissal,
and we have not yet heard back.
In 2025, an IU Health spokesperson provided a written statement:
“IU Health does not comment on pending litigation,” read the statement. “All IU Health team members, like all Indiana residents, are expected to follow Indiana’s mandatory reporting law (IC 31-33-5-1), which you can find here IGA | 2024 Indiana Code [iga.in.gov].”
DCS declined to comment on the dismissal.
In 2025, the agency provided the following comment on the federal lawsuit and the Phillips’ allegations.
"We cannot provide information or comment on a current court proceeding involving a child,” read the statement from DCS. “However, Indiana Department of Child Services family case managers are often put in challenging situations and must make difficult life or death decisions about child safety. We appreciate the complexity of the decisions they must make and support them in keeping Hoosier children safe".
WRTV Investigates also contacted multiple attorneys representing DCS caseworkers and
doctors, and no one was willing to provide a comment beyond confirming the case was dismissed.
DCS substantiated child abuse against Grant and Myranda Phillips, a decision that placed them on Indiana’s Child Protection Index.
The Phillips continue to file appeals and fight the substantiations.
DCS also filed to have Nara and Odessa considered CHINS, or Child in Need of Services—a legal designation typically reserved for alleged victims of abuse or neglect.
Nara and Odessa spent 347 days apart from their parents. The Phillips say DCS placed the girls with family members.
“It was unbearable,” said Grant. “It was the hardest days of my life. There was just a void, an emptiness in our home.”
The judge dismissed the CHINS case, but the DCS substantiation for abuse still stands against both Myranda and Grant.
"It's terrifying for the future,” said Myranda. “What is the purpose of this? How is this protecting children?"
The Phillips plan to work with state lawmakers to change Indiana law related to immunity for DCS caseworkers and doctors.
“We're not advocating for less investigation when it comes to cases like this,” said Grant Phillips. “That needs to happen, but it can be done in a manner that protects families and children responsibly.”
FULL STATEMENT FROM PHILLIPS’ ATTORNEY BRAD CAITLIN:
The court has dismissed the Phillips’ claims against the employees of the Indiana Department of Child Services (“DCS”) and the doctors that advised DCS on the Phillips’ case. The court did not find that the Phillips were not harmed. It did not find that the defendants acted appropriately. It did not find that the defendants complied with the law when harming the Phillips. Rather, the Phillips were not allowed to proceed because immunity doctrines protected these defendants from the consequences of the irresponsible ways that they wielded governmental power. Our government has an obligation to do better by its citizens.
Indiana does not allow anyone to bring a claim against DCS or its employees because of an employee’s error, no matter how egregious and harmful that error was. DCS employees are the only governmental employees in the State of Indiana that are protected in this way.
This forces families to civil rights claims, where qualified immunity—a doctrine invented by the Supreme Court with no foundation in the law—shields government employees by requiring injured people to identify a prior case with nearly identical facts establishing that the employee’s conduct was unconstitutional. And if a court does not find such a prior case, then it does not need to decide if the conduct was unconstitutional.
These immunities formed an impenetrable wall, leaving the Phillips with trauma, but no legal remedy.
The Phillips came to the courts seeking what every American is promised: a fair hearing. They did not ask for special treatment. They simply sought justice—that those that hurt them be held to the same standard of accountability that applies to every other citizen. But the Phillips could not get that chance because the law protected the wrongdoers. Justice, in this case, was unavailable.
This case is not an anomaly. Across Indiana, DCS employees routinely violate State standards. And this does real and lasting harm to Indiana families. Yet Indiana families cannot do anything about it.
We call on the Indiana legislature to repeal Indiana Code § 31-25-2-2.5, so that DCS and its employees are held to the same legal standard as any other arm of the state government.
