The company that operates a state-owned youth lockup in Lewisville failed to protect children by allowing staff members to restrain them for long periods of time, which resulted in physical and psychological harm to the kids, two lawsuits filed Wednesday allege.
Jeff Priebe, an attorney with the firm Rainwater, Holt & Sexton, filed the lawsuits Wednesday afternoon in Jefferson and Pulaski counties on behalf of two mothers -- Trinette Ento of Jefferson County and Bianca Williams of Pulaski County -- whose sons stayed at the Lewisville Juvenile Treatment Center for a period of time that included July and August 2019. The boys are named as "John Doe Child" in both court filings.
"These are at-risk juveniles," Priebe said in an interview. "They were sent down to Lewisville for treatment, and instead of getting the proper treatment that they deserve, they were subject to alleged abuse and neglect."
The Lewisville center is a 32-bed facility that is home to "more resistant juveniles who are commonly disruptive in milder settings," according to previously reported information that has since been removed from a state website.
[DOCUMENT: Lawsuits name youth lockup firm » arkansasonline.com/116firm/]
The suits list as a defendant Youth Opportunity Investments LLC, an Indiana-based firm under contract with the state to operate the Lewisville center as well as facilities at Dermott, Harrisburg and Mansfield.
The court filings say that the company and its employees were negligent in caring for children; showed "negligent supervision" in training, evaluating and supervising the staff; and showed a failure to protect minors against "foreseeable criminal attacks."
The suits also allege battery by staff members and say that the company is liable under the Civil Action by Crime Victims Act.
The suits say that the firm allowed employees to discipline the boys using tactics such as shackling them for long periods of time, forcefully throwing them against floors and walls, and forcing them to sleep in shackles, among other things.
[DOCUMENT: Youth lockup firm lawsuits » arkansasonline.com/116youth/]
"Such action caused John Doe Child to have pain, suffering, depression, being scared, and other medical injuries," the Pulaski County suit says.
The Arkansas Democrat-Gazette reported in September that the state Division of Youth Services had launched an investigation into occurrences at the Lewisville facility after Brooke Digby, the state's juvenile ombudsman, sent an email to agency officials and Youth Opportunity employees citing similar allegations.
Digby's email said that Lewisville staff members had zip-tied children, forced them to sleep facedown on the floor, slammed them into walls and made them urinate in Gatorade bottles or foam cups. After the state investigation, at least two workers were fired and a third was transferred to a Youth Opportunity facility in Texas.
Gary Sallee, a spokesman for Youth Opportunity contacted via phone and email, did not immediately provide comment regarding the lawsuit. But when the newspaper reported on Digby's email, Sallee said that "there has been no finding of abuse by any of the employees."
After Digby's email became public, Sallee said three employees had been terminated.
Amy Webb, a spokeswoman for the Arkansas Department of Human Services, identified two of those staffers as Devon McClain and Darryl Williams.
The lawsuits demand that the defendants pay damages for injuries; attorney's fees; general expenses, including for past and future medical expenses; and punitive damages "sufficient to punish Defendants for their egregious and malicious misconduct ... and to deter Defendants and others from repeating such atrocities."
In addition to Youth Opportunity, the Pulaski County filing names former facility director "Devin McClain [sic]," former assistant director "Darrell Williams [sic]," company President Jim Hill and John Doe 1 through 5.
The Jefferson County filing lists defendants as Youth Opportunity, administrator Devonta Oguinn, staffer Telly Wells, Hill and John Doe 1 through 5.
Both suits allege that staff members weren't appropriately trained and that there wasn't proper documentation and notification of suspected abuse or neglect at the facility.
"John Doe 1 through 5" are listed in order to include any staffers who also may hold responsibility for how the children were treated at the Lewisville facility, Priebe said.
"We just feel that what happened was unacceptable, and we look forward to getting to the bottom of what happened and holding the defendants accountable for what happened to these young kids," Priebe said.
A Section on 01/16/2020