Shocking Allegations Surface

A recent lawsuit has brought to light disturbing allegations of negligence at the Wayne County Juvenile Detention Facility. The mother of a 12-year-old boy who was sexually assaulted by multiple juveniles at the center in March 2023 has filed a legal action against both the county and state. The lawsuit claims that employees engaged in “deliberately indifferent conduct” that allowed the assault to occur, seeking $1 million in damages for the trauma inflicted on the young victim.

5 Key Points

  • A 12-year-old boy was sexually assaulted at the juvenile detention center
  • The lawsuit alleges staff negligence and deliberate indifference
  • The incident led to state intervention and a public health emergency declaration
  • Multiple sexual assault allegations were reported at the facility
  • Lawsuit seeks $1 million in damages

The Incident and Its Aftermath

The assault took place over two days in March 2023. According to police reports, the 12-year-old victim was physically assaulted, then pinned down and sexually assaulted for about 40 minutes by each of the five involved boys. The victim sustained injuries to his eye, wrist, ribs and a gash to his head. Despite the severity of the incident, the facility allegedly failed to promptly inform the victim’s mother about the sexual assault, only notifying her hours after he was taken to Detroit Children’s Hospital.

The incident resulted in significant interventions, including the state stepping in and Wayne County Executive Warren Evans declaring a public health emergency due to what he described as “untenable” conditions at the facility. This declaration underscores the gravity of the situation and the systemic issues plaguing the detention center.

Systemic Issues Uncovered

The lawsuit filed in federal court alleges that the Wayne County Juvenile Detention Facility and its employees failed to address known risks of sexual assault and were deliberately indifferent to the boy’s health and welfare. The legal document states, “Defendants’ policies, customs, and practices and their actions and inactions created a sexually hostile detention environment where the predictable but preventable happened.”

This incident is not isolated, as the facility has faced at least four public allegations of sexual assault in just over a year. These include the March 2023 sexual assault of the 12-year-old, one allegation of sexual assault by a Michigan Department of Health and Human Services employee (which prosecutors found insufficient evidence to pursue), and two boys, ages 16 and 17, who were allegedly sexually assaulted by a JDF employee.

Conditions at the Facility

Despite claims from the county and state that conditions have improved, three employees who worked there within the past year told The Detroit News that the situation remains dire. The center began operating on a six-month provisional license in November due to repeated violations of licensing regulations.

The lawsuit and state reports reveal alarming conditions, including inadequate supervision, overcrowding, and a lack of basic necessities for detained children. According to the legal filing, children at the facility did not have access to showers, basic hygiene, adequate clothing changes, or recreation time. Many were confined to their rooms for most of the day.

Failure to Protect

The lawsuit details a series of failures leading up to the assault. Staff allegedly transferred the 12-year-old boy to a new unit despite known risks, including the presence of individuals with a history of sexual misconduct. A staff member reportedly warned a supervisor that the transfer would be dangerous, but this warning was apparently ignored.

The legal document claims that five staff members and two supervisors either saw or could have seen the sexual assault but did not intervene. This inaction violated the facility’s requirement for line-of-sight supervision of detained juveniles. The Michigan Department of Health and Human Services investigation found that staff did not provide for the needs, protection, or supervision of the children in their custody as required.

Staffing and Policy Issues

The lawsuit highlights significant staffing issues at the detention center. In March 2023, the staff-to-child ratio was reportedly 20-to-1, far below the federal Prison Rape Elimination Act requirement of an 8-to-1 ratio. This understaffing led to a dangerous situation where children were sometimes left unsupervised or locked in their rooms for extended periods.

Moreover, the lawsuit alleges that employees were told not to intervene when children were being sexually or physically assaulted. This shocking claim, if proven true, would represent a severe dereliction of duty and a fundamental failure to protect vulnerable juveniles in the facility’s care.

Legal Action and Defendants

The lawsuit names a wide range of defendants, including Wayne County, Wayne County Executive Warren Evans, Deputy Wayne County Executive Assad Turfe, JDF Division Director Melissa Fernandez, 12 JDF employees, Michigan Department of Health and Human Services Director Elizabeth Hertel, and several other state employees. This broad scope of defendants suggests that the plaintiff’s legal team is seeking to hold accountable not just individual staff members but also the higher-level administrators and policymakers responsible for overseeing the facility.

Broader Implications

The incident at the Wayne County Juvenile Detention Facility has raised serious questions about juvenile detention facilities’ overall management and oversight. This legal action could have far-reaching implications for how such centers are operated and monitored, potentially leading to stricter regulations, improved staff training, and more robust oversight mechanisms.

Looking Forward

As the lawsuit progresses, it will likely spotlight the broader issues facing juvenile detention systems across the country. The case could lead to significant changes in these facilities’ policies, procedures, and oversight. It also raises important questions about the balance between rehabilitation and safety in juvenile justice systems and the responsibility of state and county officials to ensure the well-being of detained youth.