Complaint filed With State Department of Education against Fayette County Schools on behalf of students qualifying for special education.
S.H. v. Stickrath, Case No. 2:04-cv-1206 (S.D. Ohio)
Originally filed in 2004 on behalf of girls at the Scioto Juvenile Correctional Facility, this federal class action civil rights case alleging widespread unconstitutional conditions was expanded in 2007 to include all facilities operated by or under contract with the Ohio Department of Youth Services. The suit alleged system-wide failure regarding conditions of confinement that endangered youth’s health, safety, and well-being and denied them of due process. State and youth attorneys worked collectively to create a comprehensive settlement that was approved by the court in May 2008. The goal is to have a system more equipped to provide youth with treatment and education needs while also promoting public safety. The settlement requires that DYS provide youth individual care, treatment, and rehabilitative services in the least restrictive setting consistent with youth’s needs, documented security concerns and generally accepted professional standards of care. It also includes a long term goal of closing large institutional facilities and creating a system of smaller community based rehabilitative programs.
Ohio Department of Youth Services Plans Facility Closures
Fred Cohen Fact Finding Report
J.J. v. Ohio Department of Youth Services, Case No. 2:07-cv-170 (S.D. Ohio)
This class action civil rights case challenges the policies and practices of the Ohio Department of Youth Services Release Authority as arbitrary and unreasonable, and lacking in adequate due process protections. J.J. was transferred on 12/23/08 to the docket of Judge Algenon Marbley. Extensive negotiations for revamping the Release Authority have been underway since May and should be incorporated into the remedy in S.H. v. Stickrath.
J.P. v. Taft, Case No. 2:04-cv-692 (S.D. Ohio)
This class action civil rights case was brought on behalf of all incarcerated youth in the custody of the Department of Youth Services, challenging the failure of the state to provide access to the courts through attorneys that can assist them in challenging fact, duration and conditions of confinement. The case settled in March of 2007 with a Stipulation of Settlement that has created a legal assistance program for youth in the nine DYS facilities.
First Report by Expert Vince Nathan
M.K. v. Wallace, Case No. 93-213 (E.D. Ky.)
This federal class action civil rights action was filed on behalf of all youth incarcerated in state juvenile treatment facilities, alleging violations of the 1st and 14th amendments to the U.S. Constitution for failure to provide access to the courts through the assistance of lawyers. The settlement agreement, reached in 1995, ultimately created the Post-Disposition Unit within the Kentucky Department of Public Advocacy, and resulted in several attorneys and support staff delegated to the task of providing legal assistance to youth on fact, durations and conditions of confinement.
1002 Russell Street, Covington, KY 41011.
phone: 859.431.3313 fax: 859.655.7553
