Father of Elijah Lewis files wrongful death suit against DCYF
May 21—The father of Elijah Lewis, a 5-year-old boy who died in a Merrimack home in 2021, has filed a wrongful-death lawsuit against the New Hampshire Department of Health and Human Services.
The suit, filed May 15 in Merrimack Superior Court by Timothy Lewis, alleges the Division for Children, Youth and Families failed to act on information that called into question Elijah's safety in 2020 while he was living with his mother, Danielle D. Dauphinais, and Joseph Stapf, Dauphinais' boyfriend at the time of Elijah's death.
"As a result of defendants' actions or defendants' inaction, Elijah suffered malnourishment, facial and scalp injuries, pressure ulcers, acute fentanyl intoxication, violence and neglect, that ultimately resulted in his death," the lawsuit alleges.
Timothy Lewis, an Arizona resident, seeks unspecified monetary and punitive damages as allowed by New Hampshire law, in addition to enhanced compensatory damages.
Neil Nicholson, Timothy Lewis's attorney, said Tuesday that Elijah Lewis "suffered horrific harm and a preventable, painful death."
"In New Hampshire, the Division for Children, Youth and Families possesses a duty to take necessary action to prevent abuse or neglect of children," Nicholson said. "We intend to prove that DCYF could and should have prevented this little boy's agony had it conducted a reasonable assessment for child abuse or neglect. As the Attorney General's Office continues to seek justice for Elijah through criminal prosecution, we intend to seek justice for Elijah through civil litigation.
"We hope the civil process promotes change within DCYF to protect New Hampshire's children, and that both processes result in accountability for what was done to Elijah."
Elijah's remains were found in October 2021 buried in Abington, Mass., after child-protection workers told police he had not been seen for six months.
An autopsy determined Elijah died from facial and scalp injuries, acute fentanyl intoxication, malnourishment and bed sores, signaling that he had probably been confined to a bed or other furniture for long periods of time.
Dauphinais is scheduled to go on trial Oct. 7 on several charges — including first-degree murder, second-degree murder, child endangerment and witness tampering — in connection with Elijah's death.
Stapf pleaded guilty in September 2022 to manslaughter in connection with the Merrimack boy's death.
Stapf, 32, who also pleaded guilty to second-degree assault, concealing evidence and witness tampering, was sentenced to 22 to 45 years in state prison.
A DHHS spokesperson directed requests for comment on the lawsuit to counsel at the state Department of Justice.
DOJ spokesman Michael Garrity said in an email, "We will review the complaint and respond as appropriate in due course."
Suit: DCYF didn't ask
Elijah, then 4, went to live with Dauphinais and Stapf and a younger daughter with Stapf's mother Joanne in Merrimack in May 2020, the lawsuit states.
At the end of the 30-day planned stay, near the end of June 2020, Lewis and Dauphinais discussed plans for Elijah, with Dauphinais saying "she desired for Elijah to remain in New Hampshire so that she could bring him to New Hampshire medical doctors for additional evaluations," the lawsuit claims.
"Consistent communications between Timothy and Danielle faltered a bit over the summer, but by the end of August, 2020, Danielle told Timothy that Elijah was doing fine and making good progress, and that he wanted to go to school in New Hampshire," the lawsuit alleges.
At some point in September 2020, the lawsuit states, Dauphinais went to Merrimack police after Elijah became physical with a sibling, information that was available to the agency "had it asked for it."
By mid-September 2020, Dauphinais' and Stapf's ability to manage Elijah's behavioral and emotional limitations unraveled to the point where Dauphinais wanted Elijah "out now," the lawsuit claims, allegedly calling her son "pure evil."
On Sept. 28, 2020, Dauphinais told Lewis that if he didn't take Elijah back, she would "call the courts in Arizona to see what she could do about the situation," because Elijah's behavior had continued to deteriorate and he had become "unsanitary, threatening, and dangerous to himself and others," the lawsuit claims.
"This caused tremendous tension and stress on Danielle and Stapf's relationship, so much so that Danielle told Timothy in mid-October that she felt that she was going to have a mental breakdown, that Elijah 'acts likes he's possessed sometimes,' that it felt like Danielle was pushing their child aside because all her attention was on Elijah, and that he didn't want to go home after work because of the chaos Elijah caused," the lawsuit states.
Murder charge for mom
Timothy Lewis said in court paperwork that he was not financially able to come to New Hampshire to get his son at the time.
Lewis reported his concerns about Elijah's well-being to DCYF in October 2020, the lawsuit alleges, and the agency identified several risk factors in the home, including mental health concerns and substance abuse.
Another intake assessment was conducted in November 2020 after Dauphinais brought Elijah to Elliot Hospital in Manchester and a nurse raised concerns of physical abuse.
"He's absolutely nuts, he's absolutely crazy," Dauphinais said, according to the lawsuit.
Elijah stayed overnight at the hospital but was discharged the next day after a DCYF representative said it would be OK to send the child home with his mother, the lawsuit claims.
Court documents state that on Sept. 21, 2021, "Danielle inflicted Elijah's final beating in the bathtub, where Joseph found him naked, surrounded by broken tiles, and smeared in his own blood."
"Rather than seek medical attention, Joseph put a band-aid on Elijah's bloody head wound and put him in his room," according to court documents. "At some point between September 21, 2021 and September 24, 2021, Elijah died. Danielle told Joseph to get rid of Elijah's body and for two weeks they stored his body in a container at the Merrimack home."
Dauphinais and Stapf then allegedly took Elijah's body and buried it in a shallow grave in a state park in Abington, Mass.
The lawsuit says Lewis waives New Hampshire's confidentiality rules involving child abuse case records "for the express purpose of publicly exposing DCYF's failures."
