On March 15, 2012, a group of juvenile prisoners filed a lawsuit in the Middle District of Florida under 42 U.S.C. § 1983 against Polk County Jail. The plaintiffs, represented by the Southern Poverty Law Center, asked the court for preliminary and permanent injunctive relief, claiming that the youths' Eighth and Fourteenth Amendment rights were violated. The plaintiffs also requested class certification.

Specifically, the plaintiffs claimed that, as juveniles, they were housed in an adult correctional facility. The plaintiffs claimed they were left unattended for long periods of time, and punished regularly with chemical agents, isolation and lockdown. The plaintiffs were forced to eat in their cells, and clean their own toilets with the soap provided for personal hygiene. The plaintiffs claimed a complete lack of rehabilitative services and extremely poor educational services.

On May 4th, 2012, the Court (Judge Steven D. Merryday) granted the motion to dismiss for two of the named individual defendants but the general motion to dismiss was denied.

On August 13, 2012, the Court (Judge Steven D. Merryday) issued an order stating that K.G. (the representative of the sub-class of juvenile prisoners needing mental health treatment), as a pre-trial detainee, could only represent other pre-trial detainees and not juvenile prisoners. As a result, K.G., and the resulting subclass could not sue under the Eighth Amendment. Otherwise, the motion to dismiss was denied.

On November 19th, 2012, the complaint was amended to include lack of adequate medical care. The plaintiffs alleged that medication was not provided to juveniles with serious mental and psychiatric problems, or that the medication was given irregularly and not in the way prescribed. The plaintiffs further alleged that no medical or counseling services were offered to children professing suicidal ideations. Instead, such children were put on "suicide watch." "Suicide watch" consists of placing the child in a open cage, with only a hard bench along one side. The children would be left there for at least 23 hours, but often for days. "Suicide watch" was also given to children punitively. Children also had to strip publicly and put on a 'turtle' suit, which left them vulnerable to the chemical agents, which continued to be used against children on "suicide watch."

On April 30th, 2013, the Court (Judge Steven D. Merryday) granted class certification and denied the requested preliminary injunction.

On November 19th, 2013, the Court (Judge Steven D. Merryday) held a bench trial.

On December 18th, 2013, the Court (Judge Steven D. Merryday) ordered proposed finding of facts and conclusions from both the plaintiff and the defendant.

Kathryn DeLong - 10/23/2014


compress summary