Juvenile Detention Abuse Lawyer
Recent headlines and lawsuits have shown that abuse is far too common in juvenile detention facilities. If you or a loved one has suffered from physical or sexual abuse in a juvenile detention center, the Police Brutality Center can connect you with resources and quality legal representation to pursue justice.
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Prevalence of Abuse in Juvenile Detention Centers
Juvenile detention centers are generally short-term confinement facilities. Youths are usually sent there after an arrest but before their innocence or guilt is adjudicated. Detention facilities, boot camps, training schools, and “houses of refuge” are meant to teach kids discipline and reform their lives through professional guidance, mental support, and education.
However, instead of helping youths grow to be law-abiding and productive citizens, something more sinister often happens behind closed doors. All too often, these facilities foster a culture of abuse, subjecting vulnerable youths to physical violence and sexual misconduct committed by staff and other detained youths.
Sexual Abuse
According to a recent survey by the U.S. Department of Justice, 7.1 percent of young adults in detention facilities said they had been sexually assaulted within the last 12 months. Unfortunately, many of those entrusted with the care of the vulnerable juveniles held at these facilities have sexually abused them. The study found that 5.8 percent of the total cases involved abuse from a facility staff member.
Reported sexual misconduct includes acts such as rape, attempted rape, forced sexual acts, unwanted touching, groping, kissing, sexual harassment, unwelcome sexual advances or comments, and being shown pornographic material.
Sexual abuse has been linked to behavioral decline and long-term mental issues for youths. Victims of juvenile detention sexual abuse can seek justice through criminal charges or civil lawsuits to hold the perpetrators and the facilities accountable for the misconduct. In a civil lawsuit, victims may seek compensation for their damages and bring about needed reforms to prevent more abuse.
Other Forms of Physical Abuse
Physical abuse at juvenile detention centers is a nationwide epidemic. The most common form of physical abuse in juvenile facilities is the use of excessive force, where staff members physically punish youths or improperly use physical restraints. A lack of oversight and inadequate staff training often exacerbate this violence.
Many youth detention facilities also overuse isolation and solitary confinement as a measure of control. Such methods can inflict severe psychological damage, including anxiety and depression. Without proper oversight, youth-on-youth violence becomes another common form of physical abuse in detention facilities.
According to a comprehensive study by The Annie E. Casey Foundation, the maltreatment and abuse of juveniles in the U.S. are pervasive across many youth correctional facilities. Among youth in detention camp programs or secure correctional facilities, 42 percent said they were somewhat or very afraid of being physically attacked, while 45 percent said that staff used force when not needed. Another 30 percent reported being subjected to solitary confinement as a form of discipline.
Victims of juvenile detention physical and psychological abuse may be entitled to compensation. If you or a loved one has suffered at the hands of one of these facilities, you have the right to pursue justice.
How Does Juvenile Detention Abuse Happen?
Studies show that youths in detention facilities are more likely to experience sexual assault and abuse than adults in prisons. The power dynamic at juvenile detention facilities enables adults to prey on potential victims. Perpetrators, such as guards and support staff, often have access to files containing information about the youths, making it easy for them to identify and take advantage of more vulnerable youths.
Being in a position of authority also enables staff members to intimidate or threaten their abuse victims into silence. Coercion methods include using physical force or continued threats of force, threatening to have time added to their sentences, removing privileges, providing favors, giving the youth money, or offering protection from other inmates. Unfortunately, detention facilities often hesitate to report these staff members to law enforcement, and some refuse to terminate the perpetrators’ employment.
The harsh practices or conditions in youth detention facilities can traumatize youth, interfere with normal childhood development, exacerbate existing physical and emotional disabilities, and cause lifelong health issues.
Youths in juvenile detention are also at risk of sexual abuse and physical violence from fellow youths. Of the total sexual victimization cases reported in 2018, 1.9 percent involved another youth, with females experiencing more of these cases. Detention facilities are legally obligated to ensure the safety of the young adults under their care and can be liable for any harm caused if they fail to do so.
Notable Examples of Juvenile Detention Abuse Cases
Physical and sexual abuse at juvenile detention facilities has made headlines nationwide recently. The following are some of the notable cases:
- More than 200 people have filed juvenile detention sexual abuse lawsuits in Maryland after state policymakers lifted the statute of limitations for childhood sexual assault. The victims alleged that they experienced different forms of abuse at the hands of staff members, including guards, counselors, nurses, and teachers.
- Roughly 1,300 former detainees of the Youth Development Center in New Hampshire have come forward to hold the state and facility accountable for physical, sexual, and psychological abuse that has occurred over six decades.
- Juvenile detention centers in Florida run by TrueCore Behavioral Solutions came under fire after a group of desperate teens staged a riot at the Okeechobee Juvenile Offender Correctional Center, and a Miami Herald investigation found patterns of excessive force used by staff, leading to severe injuries and psychological trauma.
- More than 3,000 alleged victims in Maryland have filed lawsuits to pursue justice and compensation for sexual abuse at the state’s juvenile detention centers.
- The U.S. Justice Department has opened a statewide investigation into civil rights violations that allegedly occurred at eight youth detention centers run by the Kentucky Department of Juvenile Justice. The investigation will examine harm caused to youth by excessive force, prolonged punitive isolation, and sexual abuse.
- Six staff members were arrested in connection with the sexual abuse of 11 children under their care in a New Hampshire state-owned juvenile detention facility.
- Thousands of former detainees have come forward alleging physical abuse by staff at Los Angeles County juvenile detention centers, including instances of rape, beatings, and the improper use of restraints.
- Recently, 800 survivors filed lawsuits against Illinois youth detention centers, alleging sexual abuse by employees between 1997 and 2023. The complaints detail severe abuses, including rape and beatings by staff members.
- Over 420 former inmates at New York City’s juvenile detention centers have filed lawsuits alleging sexual abuse by staff members, highlighting pervasive issues within the city’s juvenile justice system.
- The Department of Justice has concluded that five Texas juvenile detention center violated youths’ civil and constitutional rights by subjecting them to physical and sexual abuse, including the use of improper restraint techniques and beatings by staff.
- Minors had to be removed from the notorious adult maximum-security prison at Angola in Lousiana after investigations found that teens were shackled, held in solitary confinement for more than 23 hours a day, and received dismal educational services.
- A Pennsylvania judge ordered that the Delaware County Juvenile Detention Center be vacated after a month-long investigation showed sexual, physical, and psychological abuse of the youths by staff members.
How Can Victims Seek Justice and Support?
Youths who have experienced sexual assault and other types of abuse in the juvenile justice system are likely to develop long-term mental issues and get involved in criminal activity after release. Sexual abuse can also lead to physical injuries and illnesses that require medical treatment.
If you or your loved one was a victim of juvenile detention abuse, you can pursue justice through a criminal charge as well as a lawsuit in a civil court. A criminal case punishes the perpetrator, but it does little to compensate you for the physical and mental damages suffered from the assault.
While a victim may report criminal misconduct to the authorities, a prosecutor must bring criminal charges. A victim cannot pursue prosecution and has little control over the proceedings. In addition, the criminal justice systems rarely hold institutions accountable for enabling the abuse.
In a lawsuit, a victim may pursue accountability from not only the perpetrator but also those who enabled the abuse. Victims may also seek compensation for the losses stemming from the abuse.
A skilled civil rights attorney can review your situation and determine whether you or your loved one has a juvenile sexual or physical abuse case against a facility, a staff member, or another youth in the detention center. Quality legal representation throughout the legal process gives you the best shot at a favorable settlement or court verdict.
Statute of Limitations for Juvenile Detention Center Abuse
Statutes of limitations impose deadlines on filing civil lawsuits. Courts will likely dismiss lawsuits filed after the deadline expires. The statutes of limitations are complex, and the deadlines vary from state to state. Hiring a local attorney can ensure you don’t miss the deadline.
Policymakers have increasingly acknowledged that it can take years for child abuse victims to come forward, so many states have enacted extended deadlines for filing sexual and juvenile abuse lawsuits, and some have abolished the statutes of limitation altogether.
Here are some notable examples of states’ statutes of limitations for sex abuse and physical abuse cases:
- California: State lawmakers recently scrapped the statute of limitations for child sex assault lawsuits. Thus, you can file a juvenile detention sexual abuse lawsuit and receive compensation regardless of when the assault occurred. A victim has two years to file a lawsuit for physical abuse from the date they turn 18.
- Maryland: Policymakers here also voted to remove the statute of limitations deadline for a majority of sexual abuse cases involving children, allowing victims to file lawsuits for assaults that occurred decades ago. For physical abuse cases, a person has three years from the time they turn 18 to pursue legal action.
- Pennsylvania: Victims of child sexual abuse have until their 55th birthday to file a lawsuit. However, that law only applies to cases arising on or after November 26, 2019. For cases arising before that date, victims of child sexual abuse have until their 30th birthday to file suit. Victims of physical abuse who were minors when they were injured have two years from the date they turn 18 to file a lawsuit, with some exceptions.
- Louisiana: A juvenile detention sexual or physical abuse lawsuit can be filed anytime against perpetrators convicted of a criminal charge.
- Colorado: The state has recently abolished its statute of limitations for civil lawsuits over sexual abuse of a minor. However, that law only applies to cases arising after January 1, 2022. Older cases are governed by the previous law, which gave victims until their 24th birthday to file suit. For claims of physical child abuse, the civil statute of limitations is generally two years after turning 18—their 20th birthday.
In many states, the statute of limitations for sex abuse cases is different from that of other forms of physical abuse. In addition, many states have recently amended their statute of limitations for abuse of minors. In many cases, the new laws do not apply to older cases. Instead, older laws might still apply. We recommend discussing your situation with a knowledgeable juvenile detention abuse lawyer who can inform you of your options.
How Much Can You Win in a Juvenile Detention Abuse Lawsuit?
The amount you can receive after filing a juvenile detention physical or sexual abuse lawsuit depends on various factors, including the length of the abuse, the victim’s age, and the severity of damages caused by the abuse. The quality of your legal representation may also determine whether you receive the full compensation you deserve.
Typically, victims may seek economic and non-economic damages in juvenile sexual or physical abuse lawsuits. Economic damages compensate for the quantifiable losses, such as medical costs, prescription expenses, therapy bills, and lost earning capacity. Non-economic damages cover a victim’s harder-to-quantify losses like pain, suffering, emotional distress, and the inability to enjoy life as before.
In some cases, victims receive an award of punitive damages. These aim to punish the defendant and deter such behavior from happening again.
While settlements for physical abuse sustained in juvenile detention centers can be substantial, they tend to be lower than those for sexual abuse. Your attorney can help place a fair value on your case and will fight for the maximum compensation you deserve.
Examples of Settlement Amounts for Juvenile Detention Sexual Abuse
Notable examples of juvenile sexual abuse settlement values and court verdicts include:
- New Hampshire reached a $1.5 million settlement agreement over sexual abuse claims filed against the state-run Sununu Youth Services Center. The settlement is expected to be the first of many since the state is facing more than 700 lawsuits over alleged abuse at the facility.
- The Michigan Department of Corrections has paid $80 million to settle lawsuits filed by juvenile sexual abuse victims.
- Lancaster County, Pennsylvania, paid a $400,000 settlement to a girl who alleged a guard sexually abused her at the Lancaster County Juvenile Detention Center.
Examples of Physical Abuse Settlements in Juvenile Detention Centers
- Vermont agreed to pay $4.5 million to settle a lawsuit filed by seven youths alleging widespread neglect and abuse by staff at Woodside Juvenile Rehabilitation Center. The lawsuit included shocking allegations of excessive force and cruel treatment that led to serious physical and psychological injuries.
- Sacramento County, California, agreed to pay $475,000 to settle a lawsuit brought by nearly two dozen individuals who claimed abuse by staff members at the county’s juvenile detention facilities. Allegations included excessive use of force and deliberate indifference to inmates’ medical and psychological needs.
- The Judge Rotenberg Center in Canton, Massachusetts, reached a $65,000 settlement resolving claims that the center used electric shock treatment on a special needs child in violation of his civil rights. This is just one of many lawsuits filed and settled against the center.
Police Brutality Center Can Help With Finding Legal Support
If you or a loved one has been physically or sexually abused at a juvenile detention center, you have the right to pursue justice. The Police Brutality Center can support you by referring you to a skilled and knowledgeable attorney with experience handling such cases. Pursuing a lawsuit can empower you and give you the resources to heal while holding those responsible for the abuse accountable.
Get in touch with us to begin your process of learning and pursuing legal justice.
