‘CULTURE OF ABUSE’
Lawsuit claims physical, sexual assaults at county detention center
PHILADELPHIA » Two former residents of the Delaware County Juvenile Detention Center have filed suit in federal court alleging sexual, physical and psychological abuse at the hands of staff there, as well as the complicity of the Child Guidance Resource Center in covering up or ignoring systemic abuse of youth at the facility.
“For decades at DCJDC, a culture of abuse not only festered, but was perpetrated by staff and perpetuated by those at every level through repeated cover ups,” the complaint says. “From guards to supervisors to counselors to superiors of every level, various abuses were both known and ignored.”
The complaint was filed in the U.S. District Court for the Eastern District of Pennsylvania Wednesday by Media attorney Dan McGarrigle and Philadelphia attorney Brian D. Kent on behalf of two unnamed former residents identified only as John and Jane Doe.
The plaintiffs also name the Pennsylvania Department of Human Resources and numerous as-yet unidentified staff and entities who allegedly had a hand in fostering, ignoring or otherwise failing to intervene in the alleged abuses.
“I’ve had a short period of time to review the complaint and the allegations are profoundly concerning, but at this time they are only allegations,” said Delaware County Solicitor Bill Martin Thursday. “There is an ongoing investigation being conducted by the commonwealth’s Office of the Attorney General and the county is anxious to receive the results of that investigation.”
A spokesperson for DHS said the department does not comment on open litigation, but is committed to “a comprehensive and thorough investigation” of the allegations.
“At this time, our investigation is still ongoing, and we are coordinating with other investigating authorities,” DHS said in a statement. “An appropriate licensing action, if any, will be taken if warranted by the licensing investigation. This comprehensive investigation will include, but not be limited to, interviews with youth that formerly were placed at the facility, interviews with current and former staff of the facility, a review of past incidents, security tapes, and ChildLine complaints that are still available going back at least five years.”
Delaware County President Judge Kevin F. Kelly ordered the detention center in Lima closed March 12 after Delaware County Public Defender Chris Welsh and First Assistant Public Defender Lee Awbrey issued a letter with affidavits from counselors and social workers at the facility to elected representatives expressing “grave concerns” about the safety of juveniles there.
“We’re not here talking about one isolated incident and one bad actor,” said Welsh during a press conference earlier this week. “We’re here because of systemic abuse; the systemic abuse of children. Our juvenile justice system is broken and our kids are being abused.”
The four residents who were at the facility have been relocated and all staff at the Lima facility have been placed on unpaid leave, according to a county spokesperson. Delaware County District Attorney Jack Stollsteimer referred the allegations to Pennsylvania Attorney General Josh Shapiro. A spokesperson for Shapiro has confirmed an investigation is ongoing, but has not revealed further details. Kelly did not return a call seeking comment Thursday.
The allegations include reports of staff members using extreme force against children, including one instance where a staff member shoved a young teenager’s head into a wire-mesh window with enough force to crack the glass, and using threats and intimidation tactics to suppress reports of wrongdoing.
Another child with severe mental illness attempted to kill herself by stuffing clothing in her mouth, according to the letter. When staff removed the clothing, the girl said she was thirsty and staff members allegedly forced her to drink out of a toilet.
Staff also allegedly punched children in the face, threatened physical violence, subjected children to prolonged solitary confinement – including one instance where a child with mental illness was kept alone for three days without access to a shower and covered herself in excrement – and denied access to medical care.
These and additional allegations concerning the two plaintiffs are contained in the federal complaint, which makes state and federal claims including negligence, intentional infliction of emotional distress, conspiracy, violations of the Fourth, Eighth and Fourteenth Amendments to the U.S. Constitution and violations of the federal Trafficking Victim Protection Reauthorization Act.
John Doe, now an adult male, was a resident at the Lima facility intermittently from 2015 to 2018 when he was between 14 and 17 years old, according to the complaint.
During one month-long stay at the detention center when he was 16 years old, John Doe says a male guard entered his cell at night and anally raped him for 10 to 15 minutes, then told him that if he disclosed the abuse, the guard would kill him and his entire family.
John Doe also suffered other physical abuse throughout all of his stays at the center, according to the complaint. He did not disclose the sexual assault until 2020 for fear of repercussions, the complaint says, and continues to suffer from Post-Traumatic Stress Disorder, depression and other mental health conditions.
Jane Doe, an adult fe
male who was a resident of the facility six or seven times between 2006 and 2009 when she was between the ages of 15 and 18 years old, claims she and other female residents were routinely sexually assaulted during “private parties” for male guards outside the complex.
The guards allegedly provided the minors with alcohol, marijuana and Xanax during these “parties” and would then have sex with the girls. One female guard was aware of the abuse but did nothing to stop it, the complaint says.
McGarrigle noted youths would often go in and out of the facility over a period of years, so these guards were a constant part of their lives throughout their adolescence.
In 2019, one of the guards who participated in the private parties found Jane Doe’s cell phone number and began calling her and sending sexually explicit messages, according to the suit. Another guard allegedly contacted Jane Doe’s 16-yearold daughter on Instagram and said he wanted to “link up” after she was released from the same facility.
“We’re talking about a period spanning 15 years,” said McGarrigle. “It’s a culture that was literally going on there for generations.”
Jane Doe says she brought these disturbing messages to the attention of DCJDC Director Mark A. Murray, but he dismissed them and took “no action whatsoever.”
“I’ve been handling serious criminal cases for almost 20 years and I didn’t think there was much more left that could shock me, and this is shocking,” said McGarrigle. “The most egregious thing, obviously, was that this is a culture that existed there for a long time and was allowed to go on for so long, but the incidents themselves were also egregious – the feeling that it’s ok to take young girls, juveniles, to parties shortly after they’re released and give them drugs and alcohol and then engage in sex with them … it’s outrageous. It shocks the conscience. And it’s that kind of culture that allowed the guard who was working there to most likely feel like he could get away with raping John Doe in the facility.”
Much of the abuse took place in “blind spots” where staff knew cameras were not recording, according to the complaint. Staff members also allegedly threatened to retaliate against children who reported abuse, coached them on what to say to investigators and falsified reports.
The facility itself was additionally in deplorable conditions, according to the complaint, as parts were often covered with mouse droppings, mold and insects, and failed to provide proper nutrition, education or even heat during winter months.
Though some current and former Child Guidance Resource Center employees provided affidavits to support the March 12 letter Welsh issued that resulted in the center’s closure, the complaint claims CGRC higher ups instructed employees to give staff at the facility a “heads up” about ChildLine complaints so they could coordinate and fabricate accounts.
CGRC staff was also told not to “rock the boat” and were warned against working with the Public Defender’s Office regarding the abuse of children in order to protect the non-profit’s reputation and a lucrative contract to provide services to children at the center, the complaint says.
Child Guidance Resource Center Executive Director Colleen McNichol said Thursday that the organization stands with employees who acted as whistleblowers here and disputed allegations that abuse was not reported.
“Consistent with our values and as mandated reporters of child abuse, our staff reported every incident, either witnessed directly or reported from the children,” she said. “We look forward to being part of systemic change and we welcome a full investigation.”
The complaint seeks punitive, special and compensatory damages, as well as damages for past and future medical expenses, lost earnings and earning capacity, non-economic losses for pain and suffering, loss of enjoyment of life, emotional distress, the costs of bringing suit and attorney’s fees.
The case has been assigned to U.S. District Judge Michael M. Baylson. Martin noted it will be up to the judge whether to move forward with the litigation or to hold it in abeyance pending the results of the Attorney General’s investigation.
McGarrigle said he and partnering attorneys have meanwhile spoken to other potential clients and are willing to speak to anyone else who may have similar claims. McGarrigle said he anticipates filing additional complaints for other plaintiffs in the near future.