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Plaintiff alleges local government agency failed to prevent child abuse at juvenile detention center

PENNSYLVANIA RECORD

Saturday, November 23, 2024

Plaintiff alleges local government agency failed to prevent child abuse at juvenile detention center

State Court
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Judge Kevin F. Kelly | delcopa.gov

In a harrowing lawsuit that underscores the ongoing issues of abuse within juvenile detention centers, Johnathan Wallace has filed a complaint against Delaware County. The case was submitted to the Court of Common Pleas of Delaware County on October 23, 2024, accusing the county of failing to protect children from severe abuse at its juvenile detention center.

The lawsuit alleges that Wallace, who is now 31 years old, suffered sexual abuse at the hands of staff members during his time at the Delaware County Juvenile Detention Center (DCJDC) in Lima, Pennsylvania. According to the complaint filed by Levy Konigsberg LLP, Wallace was subjected to physical and sexual abuse by a male staff member referred to as "Abuser John Doe" during his week-long detention in 2004 when he was just 11 years old. The filing details how Wallace endured strip searches and an instance of anal penetration by Abuser John Doe. Furthermore, it claims that other staff members conducted improper strip searches involving fondling and touching.

The plaintiff's attorneys argue that Delaware County failed in its duty to protect children under its care and supervision. They accuse the county of negligence, gross negligence, negligent supervision, negligent hiring and retention practices, and breach of fiduciary duty. The complaint states that despite numerous reports and incidents over decades highlighting abusive practices at DCJDC, no meaningful actions were taken until March 2021 when the facility was finally closed following public outcry over widespread allegations of abuse.

Wallace seeks compensatory and punitive damages for his injuries alongside reasonable attorney fees and costs associated with bringing this action forward. His legal team highlights how this case reflects broader systemic failures within Pennsylvania’s juvenile disciplinary institutions where reported abuses are merely "a fraction" of what actually occurs due to many incidents going unreported.

Representing Wallace are attorneys from Levy Konigsberg LLP: John Guinan, Matthew Shock (pro hac vice forthcoming), Anna Kull (pro hac vice forthcoming), and Jerome Block (pro hac vice forthcoming). The case is presided over by President Judge Kevin F. Kelly under Civil Action No. CV-2024-004812.

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