PHILADELPHIA – A civil rights lawsuit against the Loysville Youth Development Center over the restraint of one of its residents has suffered several setbacks.
The plaintiff, Theodore Smith, alleged he was attacked by staff members there and sued the center, which is a state-run juvenile justice facility. Judge Petrese Tucker on Sept. 10 granted the partial motions to dismiss of both a group of state defendants like Loysville and city defendants like Philadelphia and its Department of Human Services.
Tucker dismissed seven of Smith’s claims against various defendants, some of whom she said were entitled to immunity from suit.
In 2017, counselors physically confronted Smith after he refused to comply with instructions to put his hands on his knees at a group meeting.
A chokehold and body-slammed that caused a concussion and seizure are alleged to have occurred. Smith was also denied medical help after, he claimed.
Tucker wrote that counselors filed false criminal charges against Smith after the attack that led to his arrest and imprisonment. Smith alleged this was done to cover up the attack on him.
His attorney obtained videos of the incident, which led to the dismissal of criminal charges. Beatings were the primary disciplinary action at Loysville, he says, and because he claims to have a disability, he filed suit under the Americans with Disabilities Act.
“In Count IV of his Amended Complaint, Plaintiff claims that the Defendant Counselors violated his Eight and Fourteenth Amendment rights to be free from excessive and unreasonable force, protected from harm, and to receive medical treatment,” Tucker wrote.
“Plaintiff’s claim must be dismissed because each counselor Plaintiff identified in his Amended Complaint is alleged to have been employed by the Pennsylvania Department of Human Services at the time of the incident.
“Thus, as state officials, Plaintiff is unable to sue the Defendant Counselors in their official capacities for damages.”