Class Action suit against Washington Juvenile Jail Alleges Inhumane Conditions

From [HERE] A federal court recently agreed to allow a class of plaintiffs to be created in a lawsuit against the Washington County Juvenile Center alleging a system-wide failure to meet constitutional standards of confinement.

The suit alleges children endured "abusive, inhumane and illegal conditions" while confined at the center, including being locked in cells for 23 hours a day, being forced to work at for-profit businesses and being denied necessary physical and mental health care. Also, the suit claims at least one child was subjected to an illegal strip search and excessive force was used in other searches.

According to an opinion and order filed March 3 by U.S. District Court Magistrate Judge Terence Kemp, the county's attorney and attorneys representing Washington County Juvenile Judge Timothy Williams agreed not to oppose the motion to allow the creation of a class-action suit, which could mean as many as 300 children could join in the suit.

Al Gerhardstein, the Cincinnati attorney who brought the suit in December, said the parties have been meeting to determine if the matter can be resolved without going to trial.

Cheri Hass, a Columbus attorney representing the county, said the class certification is subject to change but she confirmed the groups are working toward resolving the case.

"The class certification is provisional. We've agreed to it because we think it is in everyone's best interest, but should that change it is still something we can address," she said. "As to the settlement discussion, everyone agreed early on that we would try to work this out amicably and we're still on that road.

"When you've got a case this size it just takes a while. We've had one meeting, we've got another set, but frankly, I don't think we'll get all the details worked out by the next meeting," Hass said.

Hass declined to talk about the specific allegations included in the suit.

"We're hoping to resolve this and I don't think either side wants to address anything of substance," she said.

Gerhardstein previously stated that if the class was granted he estimated up to 300 children who were held at the local center would be eligible to join the suit.

Court documents indicate the suit can include anyone who had been detained at the center who was 22 years old or less as of Dec. 6, 2010, the date the case was filed.

Williams did not return a message seeking comment. Court officials have declined to specifically address the matter in the past but issued a release saying the facility has been in full compliance with the law in annual audits by the Ohio Department of Youth Services.