Four teenage girls sexually assaulted, one beaten at SC DJJ, lawsuits claim

Four teenage girls 17 and under were sexually assaulted and another was severely beaten during a December riot at the Columbia evaluation center for the S.C. Department of Juvenile Justice, according to lawsuits filed in Richland County state court.

One lawsuit alleges that on December 15, during a group fight among several female youths who were confined at the evaluation center, a group of male youths who also were confined there broke out of their supposedly secure unit and rushed into “the already chaotic atmosphere” where the female teens were and sexually assaulted four of them.

The second lawsuit alleges that during that Dec. 15 riot, a fifth teen was violently attacked by several female youths, “sustaining punches/kicks to her head, chest, back and stomach, eventually losing consciousness.” The lone guard on the scene “inexplicably passed out” during the melee, the lawsuit asserts.

Injuries from that attack included “permanent scarring, and ... permanent impairment and disability both physically and mentally,” that lawsuit alleges.

Both lawsuits allege there weren’t sufficient staff members on site, and the youths overpowered DJJ staff. The lawsuits said Juvenile Justice had the duty to keep its youths safe, especially since the alleged assaults happened at a building where newcomers to the youth corrections agency are assessed to help determine what should be done with them and what help they need. That building is called the Midlands Evaluation Center.

A Department of Juvenile Justice spokesperson on Wednesday declined comment, saying the legal actions were pending. The lawsuits were filed on July 30 and the Department has a month to make a formal reply.

In a related matter, an enforcement action brought against the S.C. Department of Juvenile Justice by the federal Department of Justice civil rights division is still ongoing.

In February, following a two-year investigation, the U.S. Department of Justice notified state officials that it had found “reasonable cause” to believe that department officials and practices violated various constitutional rights of the youth incarcerated at DJJ and failed “to keep youth reasonably safe from youth-on-youth violence at the Broad River Road Complex,” the department’s main long-term youth confinement facility.

“Additionally, DJJ seriously harms youth by using punitive, prolonged isolation. The violations are exacerbated by the failure to train staff, implement effective behavior management tools, and establish key safety features in the physical plant at BRRC,” federal officials said in their report. Federal officials gave the department 49 days to initiate corrective actions.

Currently, Juvenile Justice officials are engaged in constructive discussions with federal officials about making necessary improvements, Juvenile Justice spokesman Jarid Munsch said on Wednesday.

Juvenile Justice executive director Freddie Pough said Wednesday in a statement that his agency continues to work to give youthful offenders all necessary educational, rehabilitative, and vocational services to hopefully make them productive citizens.

DJJ is providing more help to mentally troubled youth and working at reducing youth-on-youth violence, including training staff to deescalate and stabilize youths in crisis, Pough said The agency is also readying “timeout” or “calming” rooms — safe spaces where young kids can voluntarily get away from specific stressors, Pough said.

The agency is also working with state lawmakers to get more money for staff and upgrade security, he said.

The Broad River Road Complex, DJJ’s main facility, is on a 540-acre campus in Columbia. The campus has three male dorms, an honor dorm, an isolation unit, an intensive treatment unit, and one female dorm. Youths 17 and under are confined there; the average age is 16, the report said. Most youths at DJJ have been involved in non-violent offenses.

DJJ has a troubled history.

In February 2016, a group of youths got loose and rampaged through the main juvenile detention center on Broad River Road. They started fires, destroyed property and sexually abused female inmates, according to official accounts of the riot, which were widely reported.

In August 2018 a Juvenile Justice guard was sentenced to a year in federal prison for directing subordinates to hog-tie two inmates and then to falsify reports about it. The juveniles were left in that position for more than two hours as punishment for making noise. DJJ prohibits hog-tying, in which leg restraints connect to hand restraints.

The 2016 riot led to an investigation by a S.C. House Legislative Oversight Committee, which found severe shortcomings in numerous agency operations areas.

Rep. Kirkman Finlay, R-Richland, a former member of the oversight committee who took a lead role in the DJJ investigation, said on Wednesday he was disturbed to hear about the new lawsuits.

“it doesn’t feel like we are making much progress,” Finlay said. “I’m glad the Department of Justice is on this, but this has been a three-or-four year runway. Allegations continue to pop up. This is unacceptable. And there is no education in the second or third or fourth kick of the mule.”

Carter Elliott, the Georgetown attorney who filed the two lawsuits, said on Wednesday, “These incidents were particularly bad. They took place in the Midlands Evaluation Center, which is supposed to provide a secure environment where these kids can get evaluated.”

The lawsuit were first reported by FitsNews.

This story was originally published August 13, 2020 at 5:00 AM.