HAMILTON — The mother of an 11-year-old Hamilton boy who was raped in the Butler County Juvenile Detention Center is suing the county and various officials for failing to protect her son.

        “The rape followed numerous warnings of the danger by the boy's mother to the defendants,” said the lawsuit filed June 22 in U.S. District Court in Cincinnati.

        The suit seeks unspecified damages in excess of $75,000. It alleges civil-rights violations and seeks reimbursement for medical, psychological and other expenses related to the attack.

        The court action stems from a June 1999 attack to which a 13-year-old boy admitted guilt. The 13-year-old, who said he forced the 11-year-old to perform oral sex during a restroom attack with two other boys, was sentenced to a year in detention and was ordered to undergo counseling. Possible disciplinary action taken against the other two boys was not available Monday.

        The victim, identified only as “Johnny,” suffered injuries to his face, neck, body, arms and legs. He also became suicidal as a result of the rape and was placed in a residential treatment facility for disturbed children far from his mother, attorney Alphonse Gerhardstein wrote in the suit.

        “Johnny's prognosis indicates that he may never be able to live at home again,” the suit says.

        Johnny repeatedly told his mother about threats of attack “sexual and otherwise,” from older boys, and his mother told authorities, who failed to separate him from “predatory inmates,” the suit alleges.

        “The three boys (who later attacked Johnny) were older than Johnny, larger than Johnny and all incarcerated for sex offenses,” the lawsuit says. “The boys attacked Johnny, kicking, punching, hitting, choking and holding him down on the floor. The boys then raped Johnny. The brutal assault and rape lasted approximately 30 minutes.”

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