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.