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Judge declares youth lockup can be sued over sex abuse
Thursday, August 30, 2007
BY KATE COSCARELLI
Star-Ledger Staff
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-8/118844934772830.xml&coll=1
Just as schools have a duty to act as a substitute parent protecting
children from harm on school grounds, county youth detention centers
must keep juvenile prisoners safe from sexual predators, a state appeals
court ruled yesterday.
A unanimous three-judge Appellate Division panel said a former inmate
could pursue a lawsuit seeking money damages against the Mercer County
Youth Detention Center for failing to protect him from a female worker's
sexual abuse.
"A county detention center ... operates in the traditional role of a
guardian toward its ward," Judge John Holston wrote in a 30-page
decision ordering that the case be returned to the trial court for
further proceedings.
Gregory Gogo, who represented the teenage offender, said the ruling
offered an important new way to seek redress for juveniles who are
abused behind bars.
"What's important about this is hopefully it will improve the conditions
in the centers. If the people who work there and the people responsible
for the workers know they are subject to legal damages ... they'll keep
a closer eye on the facility," Gogo said.
The decision could have an impact on the roughly 13,000 juveniles housed
in county detention centers around the state each year, according to the
state Office of Child Advocate.
"This decision is one that potentially protects children in juvenile
facilities, which we feel strongly is a positive and logical progression
of the protection of children's rights," said Tiffany Ellis, the
advocate's chief of staff. The case was also under review by the
Attorney General's Office, said a spokesman.
A spokesman for Mercer County, Peter Daly, declined to comment since the
case is pending.
The case involves a former inmate of the Mercer County youth house.
Identified in court papers as J.H., he was 17 at the time he was
incarcerated in November 2002. It was unclear what led to the incarceration.
Within days of his placement, a worker at the facility, Monet Mason, 24,
initiated a sexual relationship with him. Court papers said Mason gave
him "goodies," including cigarettes, pornographic magazines and cognac.
The relationship was known to several other workers and supervisors at
the facility, the papers claim.
J.H. said he gave in to her sexual demands because he "feared her" and
was worried that she would make false charges against him, leading to a
longer detention.
As a result of the relationship, which the teenager ended shortly after
his May 2003 release, J.H. suffered emotional problems including
post-traumatic stress disorder, has undergone therapy and was prescribed
medications, court papers said. Gogo said he did not know what the young
man was doing now.
Mason was fired from the detention center, a county spokesman said. A
telephone number listed for her was disconnected.
The judges rebuffed Mercer County's claims that as a government body, it
did not fit the definition of a person and could not stand as a
substitute parent to prisoners. Yesterday's ruling largely overturned an
earlier finding by a trial court that it was unclear that facility
supervisors knew of the sexual abuse and could not be held accountable
since the worker was acting outside the scope of her employment.
Instead, the appeals judges found the county could be held liable for
the actions of workers and supervisors who "violated the detention
center's ... duty to protect the juveniles entrusted to its care from
sexual abuse at the hands of employees." Holston was joined in his
opinion by Judges Edwin Stern and Joseph Lisa.
Kate Coscarelli may be reached at kcoscarelli@starledger.com or (973)
392-4147.
CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
WIRETAPPING PROGRAM....
CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.
every parent should read this .pdf from
connecticut dcf watch...
http://www.connecticutdcfwatch.com/8x11.pdf
http://www.connecticutdcfwatch.com
Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS
Perpetrators of Maltreatment
Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5
Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.
CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...
BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...
Thursday, August 30, 2007
BY KATE COSCARELLI
Star-Ledger Staff
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-8/118844934772830.xml&coll=1
Just as schools have a duty to act as a substitute parent protecting
children from harm on school grounds, county youth detention centers
must keep juvenile prisoners safe from sexual predators, a state appeals
court ruled yesterday.
A unanimous three-judge Appellate Division panel said a former inmate
could pursue a lawsuit seeking money damages against the Mercer County
Youth Detention Center for failing to protect him from a female worker's
sexual abuse.
"A county detention center ... operates in the traditional role of a
guardian toward its ward," Judge John Holston wrote in a 30-page
decision ordering that the case be returned to the trial court for
further proceedings.
Gregory Gogo, who represented the teenage offender, said the ruling
offered an important new way to seek redress for juveniles who are
abused behind bars.
"What's important about this is hopefully it will improve the conditions
in the centers. If the people who work there and the people responsible
for the workers know they are subject to legal damages ... they'll keep
a closer eye on the facility," Gogo said.
The decision could have an impact on the roughly 13,000 juveniles housed
in county detention centers around the state each year, according to the
state Office of Child Advocate.
"This decision is one that potentially protects children in juvenile
facilities, which we feel strongly is a positive and logical progression
of the protection of children's rights," said Tiffany Ellis, the
advocate's chief of staff. The case was also under review by the
Attorney General's Office, said a spokesman.
A spokesman for Mercer County, Peter Daly, declined to comment since the
case is pending.
The case involves a former inmate of the Mercer County youth house.
Identified in court papers as J.H., he was 17 at the time he was
incarcerated in November 2002. It was unclear what led to the incarceration.
Within days of his placement, a worker at the facility, Monet Mason, 24,
initiated a sexual relationship with him. Court papers said Mason gave
him "goodies," including cigarettes, pornographic magazines and cognac.
The relationship was known to several other workers and supervisors at
the facility, the papers claim.
J.H. said he gave in to her sexual demands because he "feared her" and
was worried that she would make false charges against him, leading to a
longer detention.
As a result of the relationship, which the teenager ended shortly after
his May 2003 release, J.H. suffered emotional problems including
post-traumatic stress disorder, has undergone therapy and was prescribed
medications, court papers said. Gogo said he did not know what the young
man was doing now.
Mason was fired from the detention center, a county spokesman said. A
telephone number listed for her was disconnected.
The judges rebuffed Mercer County's claims that as a government body, it
did not fit the definition of a person and could not stand as a
substitute parent to prisoners. Yesterday's ruling largely overturned an
earlier finding by a trial court that it was unclear that facility
supervisors knew of the sexual abuse and could not be held accountable
since the worker was acting outside the scope of her employment.
Instead, the appeals judges found the county could be held liable for
the actions of workers and supervisors who "violated the detention
center's ... duty to protect the juveniles entrusted to its care from
sexual abuse at the hands of employees." Holston was joined in his
opinion by Judges Edwin Stern and Joseph Lisa.
Kate Coscarelli may be reached at kcoscarelli@starledger.com or (973)
392-4147.
CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
WIRETAPPING PROGRAM....
CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.
every parent should read this .pdf from
connecticut dcf watch...
http://www.connecticutdcfwatch.com/8x11.pdf
http://www.connecticutdcfwatch.com
Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS
Perpetrators of Maltreatment
Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5
Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.
CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...
BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...
