Lawsuit Alleges Negligence at Wayne County Juvenile Detention Facility

Daniela P on July 19, 2024

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.

Diocese of Kalamazoo Bans Ex-Priests and Non-Clergy from Working with Children

Michael S on April 25, 2024

Protection of Children and Youth

In a significant move to protect children and youth, the Diocese of Kalamazoo has banned several former Michigan priests and non-clergy members from working with minors. The decision comes from the Diocese’s thorough review and updating of its child protection policies.

5 Key Points:

1. The Diocese of Kalamazoo has published a list of individuals, including clergy and non-clergy members, who are disqualified from working with children.

2. The list covers more than just clergy sexual abuse, including continued violations of child-protection policies, failure to report allegations of abuse, and physical abuse of minors.

3. For an individual to be included on the list, the relevant allegation(s) must be established as credible through legal proceedings, self-admission, or clear and convincing evidence.

4. The list includes living members, deceased members, and those banned for actions elsewhere.

5. The Diocese aims to protect children, educate the community, and eradicate all forms of child abuse through these policy updates.

Protecting the Vulnerable

Bishop Lohse of the Diocese of Kalamazoo emphasized the importance of these policy updates, stating that the primary goals are to protect children and youth entrusted to the Diocese, educate the community to recognize predatory behavior and work towards eradicating all forms of child abuse. The publication of this list is a crucial step in creating a safe environment within the Diocese’s churches, schools, and apostolates.

Credible Allegations and Disqualifying Actions

The Diocese has outlined specific actions that disqualify individuals from working with children, including continued violations of child-protection policies, failing to report allegations of abuse, furnishing pornography to minors, and direct sexual abuse or assault of minors. For an individual to be included on the list, the relevant allegation(s) must be established as credible through secular or canon law proceedings, self-admission, or evidence that meets the “clear and convincing” standard.

Living and Deceased Members on the List

The list includes living and deceased individuals who have been banned from working with children. Living members, such as Douglas Alan Butler, Fr. Richard Fritz, and Fr. Brian Stanley, are listed with their last known status or employment and current location. Deceased members, like Father Dennis Boylan and Calvert Shenk, are included to recognize that the effects of their actions persist even after their death.

Those Banned for Actions Elsewhere

The Diocese also includes individuals who have been credibly accused of abuse or misconduct in other dioceses, such as Msgr. Leonard Bogdan is on the credibly accused lists of the Archdiocese of Chicago, the Diocese of Phoenix, and the Bishops’ Accountability list. These individuals are forbidden to function as priests within the Diocese of Kalamazoo.

A Step Towards Healing and Prevention

The publication of this list is a significant step in the Diocese of Kalamazoo’s efforts to protect children and youth, as well as to promote healing for those who have been affected by abuse. By openly addressing these issues and taking concrete actions to prevent future abuse, the Diocese demonstrates its commitment to creating a safe and nurturing environment for all within its community.

Larry Nassar Survivors to Receive Nearly $139 Million in DOJ Settlement

Daniela P on April 23, 2024

Justice Department Agrees to Substantial Settlement

The Department of Justice announced on Tuesday that it will pay $138.7 million to 139 survivors of Larry Nassar’s sexual abuse. This settlement comes in response to the FBI’s mishandling of the initial allegations against the former U.S. women’s national gymnastics team doctor and Michigan State employee.

5 Key Points:

  1. The settlement will distribute roughly $1 million per claimant, on average.
  2. The DOJ acknowledged that the FBI failed to take allegations seriously and respond with urgency in 2015.
  3. Olympic champions Simone Biles, McKayla Maroney, and Aly Raisman were among the claimants.
  4. Nassar was found to have sexually assaulted more than 500 women and girls under the guise of medical treatment.
  5. The settlement brings the combined liability payouts in legal cases brought by Nassar’s victims to over $1 billion.

FBI’s Failure to Act Promptly

The settlement follows a report by the Department of Justice’s inspector general, which revealed that FBI officials in Indianapolis did not respond to allegations of abuse involving Nassar “with the utmost seriousness and urgency” in 2015. This delay allowed the abuse to continue, with devastating consequences for the victims.

Acting Associate Attorney General Benjamin Mizer acknowledged the FBI’s failings, stating, “These allegations should have been taken seriously from the outset. While these settlements won’t undo the harm Nassar inflicted, we hope that they will help give the victims of his crimes some of the critical support they need to continue healing.”

Survivors Represented by Diverse Legal Teams

A large and diverse group of attorneys represents the 139 claimants who filed administrative claims with the Justice Department. Four of these attorneys, representing 77 of the claimants, described the settlement as “monumental” in a joint statement.

“We are proud to have achieved a monumental settlement with the U.S. Department of Justice that not only secures the recovery the survivors deserve but also holds the DOJ and FBI accountable for their failures,” the attorneys stated. “We hope this serves as a lesson for federal law enforcement and they make the changes necessary to prevent anything like this from happening again.”

Nassar’s Widespread Abuse and Lifetime Sentence

Larry Nassar, who served as the U.S. women’s national gymnastics team doctor and was employed by Michigan State University, was found to have sexually assaulted more than 500 women and girls under the guise of providing medical treatment. He is currently serving what amounts to a lifetime prison sentence on sexual assault and child pornography charges.

Combined Liability Payouts Surpass $1 Billion

The DOJ settlement brings the total combined liability payouts in legal cases brought by Nassar’s victims to more than $1 billion. Before this settlement, Michigan State University agreed to distribute $500 million to survivors, while USA Gymnastics reached a separate settlement worth $380 million.

The substantial settlements serve as an acknowledgment of the immense harm caused by Nassar’s abuse and the failure of institutions to protect the victims. While no amount of money can erase the trauma endured by the survivors, the settlements provide critical support for their ongoing healing process and serve as a reminder of the importance of swift and decisive action in response to allegations of sexual abuse.