Filed Date: Sept. 1, 1987
Closed Date: 1988
Clearinghouse coding complete
On September 1, 1987, a group of children under the age of 16 who were non-delinquent status offenders, filed this class action lawsuit under 42 U.S.C. Section 1983 and the Juvenile Justice Delinquency and Prevention Act against the State of Connecticut in the U.S. District Court for the District of Connecticut. The plaintiffs asked the court for declaratory and injunctive relief, and they alleged that the defendants had violated their rights by unlawfully holding them in secure juvenile detention facilities, despite the fact that they were non-delinquent out-of-state juvenile runaways. The plaintiffs were represented by the Connecticut Civil Liberties Union.
On October 9, 1987, the district court (Judge Alan Nevas) certified the plaintiff class. On February 2, 1988, the court approved a consent decree that had been agreed upon by both sides. Under the terms of the decree, the defendants agreed that they would no longer deliver non-delinquent juvenile runaways to secure juvenile detention facilities. They also agreed that if a member of the plaintiff class was delivered by any party to a secure detention facility, they would pick them up from that facility within 6 hours. They agreed that if a member of the plaintiff class wanted to return to their home state to be with their parent or guardian, but they (and their parent/guardian) lacked the finances to return them to that state, the defendants would file a petition for the child's return under the Interstate Compact on Juveniles.
On July 7, 1988, the court dismissed the case.
Summary Authors
Kristen Sagar (11/18/2008)
Geballe, Shelley D. (Connecticut)
Adler, Laurie (Connecticut)
Antoinetti, Amelie (Connecticut)
Borowy, Frank (Connecticut)
Earl, Judith Merrill (Connecticut)
Nevas, Alan Harris (Connecticut)
Last updated April 23, 2024, 3:04 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Connecticut
Case Type(s):
Key Dates
Filing Date: Sept. 1, 1987
Closing Date: 1988
Case Ongoing: No
Plaintiffs
Plaintiff Description:
non-delinquent out-of-state juvenile runaways being held at secure juvenile detention facilities
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
State of Connecticut (Hartford), State
Hartford Juvenile Detention Center (Hartford), City
Department of Children and Youth Services (Hartford), State
Newington Police Department (Newington), City
Case Details
Causes of Action:
Juvenile Justice Act, 42 U.S.C. § 5672
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1988 - 0
Issues
General:
Deinstitutionalization/decarceration
Type of Facility: