Sexual Abuse
Recent reports and investigations have revealed that detainees at Maryland juvenile detention centers, specifically the Hickey School, Cheltenham, and Waxter, have frequently faced sexual abuse and assault by both staff and other inmates.
Thanks to a new law in Maryland, victims of child sexual abuse at these juvenile detention facilities can now file civil lawsuits against the state and seek financial compensation. This page will explore sex abuse lawsuits against juvenile facilities in Maryland.
News and Updates – Maryland Juvenile Detention Center Sex Abuse Lawsuits
December 2024: Since the start of this year, a large group of Maryland juvenile detention center sex abuse victims and their lawyers have been working with the state in an effort to negotiate a global settlement deal. The goal was to set up a compensation fund and enable victims to obtain financial compensation through an ADR claim screening process. As of this month, however, that negotiation process has stalled because the state continues to drag its feet and has been unable or unwilling to move things forward. While this negotiation has been going on, abuse victims have agreed to stay or hold off on litigating their claims against the state. That is now going to change, however, and the state will soon be actively defending a wave of juvenile detention center sexual abuse lawsuits.
Legacy of Abuse at Maryland Juvenile Detention Centers
Maryland’s juvenile detention facilities have a long and troubling history of sexual abuse and mistreatment of their underage inmates. Over the years, these issues have been thoroughly documented through investigations and, more recently, major civil lawsuits.
For over a century, the state of Maryland has been detaining juvenile criminal offenders in detention facilities operated by the state. The State has affirmative legal obligations and duties to ensure that these children are safe and protect them from harm and abuse.
But for decades, the State, through its Department of Juvenile Services, has systematically failed in those duties. Maryland’s juvenile halls are chronically overcrowded, understaffed, and unsafe. Saff members at these facilities have unrestricted access to juvenile inmates. As a result, thousands of vulnerable detained children have been sexually abused by the very staff members that the State hired and entrusted with their care.
MDJS Ignored Evidence of Widespread Abuse
The Maryland Department of Juvenile Services (MDJS) has long known about the conditions in its juvenile halls leading to widespread and rampant abuse of inmates by staff. MDJS as been aware of numerous incidents of reported sexual and physical abuse; criminal charges brought against MDJS staff for abuse of inmates, and a culture of concealment.
Despite numerous complaints, reports, arrests, and a litany of warning signs and red flags, MDJS repeatedly and consistently did nothing to correct the situation.
Maryland Juvenile Halls Were Unsecure and Unsafe
MDJS juvenile detention facilities are perpetually unsafe and lack simple safety features, policies, and infrastructure to protect inmates against abuse. For example, MDJS staff at these facilities are able to enter inmates’ locked cells whenever they want with little or no oversight. The facilities lacked security cameras that were able to appropriately monitor staff interactions with inmates.
MDJS was well aware of these inadequacies at its juvenile detention facilities but chose to do nothing about them. The result was decades of unchecked sexual and physical abuse of inmates by staff members.
Findings from these investigations revealed that juvenile detention facilities in Maryland were grossly negligent, allowing regular sexual and physical abuse of inmates with little to no oversight. The Maryland Department of Juvenile Services, along with private contractors at some facilities, permitted staff-on-inmate violence and sexual abuse to persist for many years.
Specific Maryland Juvenile Halls Where Abuse Occurred
Sexual abuse of inmates was a major problem that occurred at ALL Maryland juvenile halls. However, there some of the recent litigation has focused on a few of the bigger facilities. Below is a brief list of ongoing sexual abuse litigation involving specific juvenile detention facilities in Maryland.
Hickey School
The Hickey School is one of Maryland’s oldest and largest juvenile detention facilities, housing male juvenile offenders who are either awaiting court dates or have already been sentenced. Although it is currently operated directly by the Maryland Department of Juvenile Services (DJS), the Charles Hickey School was managed by private contractors from 1991 to 2004.
Recent reports and investigations have uncovered widespread abuse of juvenile detainees at the Hickey School, including sexual abuse and assault. An increasing number of former inmates have filed civil lawsuits against the Hickey School and DJS under the new Maryland law.
The majority of calls our juvenile detention center sex abuse lawyers receive are from former detainees of the Charles Hickey School.
Cheltenham
Cheltenham is a juvenile detention center in Prince George’s County that houses male and some female juvenile offenders from the DC suburbs and southern Maryland, including Prince George’s, Montgomery, Anne Arundel, Calvert, Charles, and St. Mary’s Counties. Formerly known as Boys Village, Cheltenham has been in operation since 1870.
The facility has developed a notorious reputation for abuse and mistreatment, prompting investigations by both the state of Maryland and the Department of Justice (DOJ). The DOJ issued a formal report highlighting various abuses and shortcomings at the facility. Additionally, Cheltenham was the focus of a recent investigation by the Maryland Attorney General’s Office.
After the Hickey School, Cheltenham is the second most common facility from which our detention center sex abuse lawyers receive calls.
Baltimore City Juvenile Justice Center
The Baltimore City Juvenile Justice Center (BCJJC) is a relatively new juvenile detention facility in Maryland, having opened in 2003. Located on Gay Street in Baltimore City, BCJJC is operated by the Maryland Department of Juvenile Services (DJS) and primarily houses juvenile offenders from Baltimore charged with or convicted of violent crimes. While BCJJC does not have a long and well-documented history of abuse and mistreatment like some other facilities, it has certainly faced its fair share of issues.
Waxter School
The Thomas Waxter Children’s Center (“Waxter”) was a juvenile correctional and detention facility operated by DJS and located in Laurel, Maryland. Serving as a detention facility for female juvenile offenders from the early 1950s until its closure in January 2022, Waxter was the largest detention center for female juveniles in Maryland, with a peak capacity of over 160 inmates.
Waxter was notorious for the rampant abuse of female juvenile offenders, including sexual abuse and assault. The facility was the focus of numerous investigations and reports by both state and federal authorities. Recently, a significant number of women who were sexually abused while inmates at Waxter have come forward to file civil lawsuits against DJS.
New Maryland Law Enables Victims to File Lawsuits
Anyone who was a victim of childhood sexual abuse at a juvenile detention or correctional facility in Maryland can now file a civil lawsuit against the state and seek financial compensation, even if the abuse occurred decades ago. This is thanks to a new law in Maryland called the Maryland Child Victims Act (CVA), which took effect in October 2023.
The CVA (Md. Code Ann., Cts. & Jud. Proc. § 5-117) rewrites the legal landscape regarding civil actions for detention center sexual abuse lawsuits in Maryland. This legislation redefines “sexual abuse” to include a broad range of inappropriate behaviors and acts, such as obscene photography, incest, rape, and various sexual offenses. One of the key aspects of the Act is the removal of the statute of limitations and statute of repose for civil actions related to child sexual abuse. This means that victims can file lawsuits at any time, regardless of how much time has passed since the abuse occurred.
Unfortunately, this new law sets limitations on the damages that can be awarded. Specifically, it caps noneconomic damages at $1.5 million for claims that would have previously been time-barred before October 1, 2023. Additionally, Section 12-104 of the Maryland State Government Code, the liability of local governments and state entities in these cases is capped at $890,000 per claimant for injuries arising from a single incident of sexual abuse. So the $890,000 cap would apply to juvenile hall sex abuse lawsuits against the state.
The enactment of the CVA has prompted a growing wave of civil lawsuits from former juvenile offenders who were victimized at DJS facilities in Maryland. Learn more about the new Maryland sex abuse statute of limitations law.
Holding Maryland Liable for Juvenile Hall Sex Abuse
Victims of sexual abuse or sexual assault at Maryland juvenile facilities, such as Waxter, can seek financial compensation by filing a civil lawsuit against the Department of Juvenile Services (MDJS). MDJS can be held liable for negligently failing to protect the victim or prevent the abuse.
In many cases, the abuse occurred at the facility and was perpetrated by staff members, making DJS clearly liable. Even if the abuse or assault was committed by another inmate, MDJS can still be held accountable for failing to provide adequate protection.
Maryland detention center sex abuse lawsuits detail harrowing accounts of abuse, with victims reporting being offered extra privileges in exchange for compliance or facing threats and violence. Some of the allegations include staff members abusing their positions to exploit children, with incidents ranging from inappropriate touching to rape. Despite reports of abuse, many facility administrators allegedly failed to take action. These lawsuits seek to hold the Maryland Department of Juvenile Services accountable for failing to protect the children in their care and for perpetuating a culture of abuse.
Settlement Value of Maryland Juvenile Hall Sex Abuse Lawsuits
The compensation you may receive from suing MDJS for sexual abuse at a juvenile facility in Maryland depends on several factors. Here are the key elements that can affect the amount:
Severity of Abuse: The extent of sexual abuse suffered greatly influences the case’s worth. Settlement amounts typically increase if the victim is diagnosed with injuries, PTSD, depression, anxiety, or other mental health issues. However, strong claims exist even without objective injuries, with expert testimony often assessing the psychological impact.
Strength of Evidence: While a victim’s testimony often stands as evidence, additional corroborating evidence significantly enhances the settlement value. Proof of negligence by the detention center or its staff in preventing the abuse strengthens the case, especially when institutional failures recur.
Age of the Victim: The age at which the victim endured abuse plays a significant role. Younger victims may receive higher settlements due to the lasting effects on their development and future.
Your Lawyer: The quality of your lawyer can significantly impact the compensation you receive. Top-tier sex abuse lawyers tend to secure better settlements for their clients.
While there is a limit on the compensation, Maryland imposes a maximum award in such cases. For instance, in lawsuits against state facilities like the Hickey School, the maximum amount you can receive is capped at $890,000. We explain this in greater detail below.
How Are Detention Center Abuse Settlements Calculated?
Calculating settlement amounts for sexual abuse lawsuits, such as those involving juvenile detention centers, involves several critical factors to ensure fair compensation for the victims. First, the severity of the abuse is a primary consideration. This includes both the physical harm and the psychological trauma endured by the victim. The more severe and prolonged the abuse, the higher the potential settlement. Additionally, the duration and frequency of the abuse are taken into account, with repeated incidents over an extended period typically resulting in higher settlements. But that is just a general rule – sometimes the highest settlement payouts in sex abuse lawsuits are in cases where there is just one incident of abuse.
Medical and psychological expenses also play a significant role in the calculation. This includes both past and future costs for therapy, counseling, medical treatments, and other health-related expenses directly resulting from the abuse. Long-term psychological care, including medications and ongoing therapy, is a crucial component of these expenses.
Pain and suffering, which is really a subcategory of severity of abuse, covers emotional distress, anxiety, depression, and other psychological effects, are considered for compensation. This category also includes the loss of enjoyment of life, addressing the impact on the victim’s ability to enjoy life as they would have but/for the abuse.
The loss of earnings and earning capacity is another factor and our lawyers do see this in a lot of cases. The emotional injuries decreased the victim’s ability to work a regular job or work a job that maximizes their potential. So settlement compensation in these cases is calculated for work missed due to the abuse or its aftereffects, as well as the impact on the victim’s future earning potential if their career or education was adversely affected.
In some cases, punitive damages are awarded to punish the perpetrator and deter similar conduct in the future. The severity and malice involved in the abuse can result in higher punitive damages.
As we discuss below, there are caps on detention center sex abuse cases that impact potential settlement payouts. Finally, there is no question that the skill, reputation, and experience of the attorneys representing the victims can significantly impact the settlement negotiations, almost always conducted through mediation or arbitration rather than going to trial.
Example Detention Center Sex Abuse Settlement
If a victim endured severe abuse resulting in lifelong psychological trauma and substantial medical expenses, the calculation might look like this:
- Medical Expenses: $100,000
- Psychological Treatment: $150,000
- Lost Earnings: $200,000
- Pain and Suffering: $500,000
- Punitive Damages: $1,000,000
- Total Settlement: $1,950,000
In a normal case, that would be the settlement amount. But there is a cap on damages in the detention center lawsuits against the state of Maryland.
Cap on Damages in Maryland Detention Center Sex Abuse Lawsuits
A typical sexual abuse lawsuit against a third-party such as a church, school, or a private company, would have very high expected settlement value. Most sex abuse cases with good evidence, severe acts of abuse, and young vulnerable victims would have an expected settlement value in the $2 million range.
Unfortunately, as we discuss above, the new Maryland Child’s Victim Act of 2023 (“CVA” – Md. Code Ann., Cts. & Jud. Proc. § 5-117) that lifted the statute of limitations on child sexual abuse lawsuits also created a maximum limit or cap on the amount of damages victims can get. In child sexual abuse lawsuits brought against the state of Maryland under the new CVA the maximum damages a victim recover is capped at $890,000. Is that an amount that fully compensates most victims? No. But it is still a lot of money and our detention center sex abuse lawyers are ready to fight to get you compensation.
Call Us About Maryland Juvenile Hall Abuse Lawsuits
If you have a potential sexual abuse lawsuit against a juvenile detention facility, contact our sex abuse lawyers today for free consultation. Contact us online or call us at 800-553-8082.