Local mother files suit against TYC
Woman alleges son was sexually assaulted by guard while at facility
http://www.news-journal.com/news/content/news/stories/03302007TYC.htmlFROM STAFF AND WIRE REPORTS
Friday, March 30, 2007
MARSHALL — One of the latest volleys against the beleaguered Texas Youth Commission came in the form of a lawsuit filed by a Longview mother alleging her son was sexually assaulted by a female guard while incarcerated.
The youth was detained at the McLennan County State Juvenile Correction Facility Unit II, a Texas Youth Commission facility in North Central Texas, from Jan. 10, 2006, until he was released Dec. 11. The lawsuit was filed March 23 in U.S. District Court for the Eastern District of Texas in Marshall and seeks a trial by jury.
Besides TYC, also named in the lawsuit were defendants guard Verkesha Mason, officer James Davis and Superintendent Alan Walters. The lawsuit, filed by Tyler attorney William S. Hommell Jr., seeks damages for "mental anguish and severe emotional distress," along with attorney fees and litigation expenses.
Hommell was out of the office Thursday and not available for comment, according to a representative of his office. The age of the boy was not listed.
The lawsuit claims Mason molested the boy in a staff bathroom.
The boy "was caught leaving the staff bathroom by another TYC guard immediately after the incident," the lawsuit states, and his presence was reported to Davis. The lawsuit said the boy was punished for violating TYC policy by being in the staff bathroom.
The boy informed Davis he had been in the bathroom with the female guard but did not explain what had happened.
The lawsuit said Mason was "on probation for being in similar situations with other youths" at the McLennan facility. The mother's lawsuit alleges TYC failed to protect her son from violations of "his right to bodily integrity by failing to adequately address issues concerning defendant Mason's inappropriate sexual contact with youths held at McLennan."
Davis and Walters also were cited for their lack of supervision of Mason.
"By refusing to stop the illegal sexual conduct occurring at the McLennan facility, all of the state actor defendants have participated in and condoned the practice of violating the civil rights" of the youth, the lawsuit said.
The mother also "seeks to represent all other similarly situated youths ... who have suffered violations of their constitutional right to bodily integrity," the lawsuit states. The boy is undergoing medical treatment with an East Texas physician, the lawsuit said.
http://www.news-journal.com/news/content/news/stories/03302007TYC.htmlGOOD FOR HER! I hope she sues them TO DEATH!