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Friday, July 30, 2004

Four teens at Scioto girls prison sue state


Were denied lawyers after abuse, they say

By Sharon Coolidge and Dan Horn
Enquirer staff writers

[photo]
Inmates at the Scioto Juvenile Correctional Facility, northwest of Columbus, return to their housing unit after lunch Wednesday. The prison is at the center of a lawsuit against the state.
The Enquirer/GARY LANDERS
Four teenage girls accused Ohio officials Thursday of failing to provide them with lawyers after guards physically or sexually assaulted them while they were in a juvenile prison.

The allegations are part of a federal lawsuit that claims Ohio's Department of Youth Services routinely denies juveniles access to legal help.

The suit, filed in Columbus, asks a judge to intervene to protect the civil rights of the four girls and any other juveniles in need of legal services.

The accusations come a day after youth services officials acknowledged that the Scioto Juvenile Correctional Facility - the state's only juvenile prison for girls - is the subject of two independent investigations.

Those investigations were in response to claims of sexual assault, beatings and improper medical care.

According to the lawsuit, the Department of Youth Services did not adequately respond to the allegations of abuse, then failed to provide legal assistance despite repeated requests for help.

"Defendants presently provide no adequate, effective and meaningful system for committed juveniles ... to gain access to the courts," the lawsuit states.

"There is no governmental or other entity that routinely provides representation."

A spokesman for the Department of Youth Services said officials there had not seen the lawsuit and could not comment.

The Children's Law Center in Covington filed the suit and is in the process of investigating conditions at Scioto.

A separate investigation began in January when state officials hired an independent expert in juvenile prisons to look into the complaints.

The four girls, ranging in age from 13 to 17, all say they were abused by male corrections officers. Two of the girls are from Hamilton County.

One girl claims a guard sexually assaulted her last year, resulting in her placement in a special unit for prisoners on "suicide watch." The lawsuit states that she has filed grievances and complained to the center's chief inspector, but she was denied access to a lawyer.

The other girls claim injuries that include a ruptured eardrum, a broken arm and serious bruises. Some also say they were threatened with retaliation if they complained, and one claims she was instructed to report her injury as "self-inflicted."

Officials from the Department of Youth Services now are discussing the issue of legal representation with the Ohio Public Defender's Office.

Lawyers for the girls are skeptical that the talks will lead to an effective system.

"There are indications that the proposal being discussed is not only inadequate, but would unduly restrict the Ohio Public Defender's ability to provide constitutionally adequate access to the courts," the lawsuit states.

Public Defender David Bodiker also is wary. He said previous attempts to work with the Department of Youth Services failed because department officials refused to cooperate.

"I had the impression we were supposed to be up there and look pretty and provide a nice facade," Bodiker states in the lawsuit.

In an interview Thursday, Bodiker said legal aid to juveniles is essential because they do not understand the system and are vulnerable to retaliation. "They need help from someone outside the structure of DYS," he said.

Kim Brooks, director of the Children's Law Center, said department officials have shown little interest in resolving the problem.

"Youth Services has not made adequate provisions for legal counsel of these kids," she said.

E-mail scoolidge@enquirer.com and dhorn@enquirer.com.




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