Jackson Free Press

Updated with corrections

Last week, the Mississippi Department of Human Services filled a motion to dismiss a lawsuit, filed on behalf of eight teenage girls, who guards reportedly shackled, and in other instances abused, at Columbia Training School. The Mississippi Protection and Advocacy Systems sued a lengthy list of officials including Gov. Haley Barbour and Department of Human Services Executive Director Don Taylor on July 11, 2007.

Citing a "lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted," the Aug. 20, 2007, motion also asserted that the defendants are protected in their official capacities by the 11th Amendment.

Sheila Bedi, a Mississippi Youth Justice Project attorney representing the 12 girls, said in a telephone interview with the Jackson Free Press that her team was not surprised by DHS' request to throw out the lawsuit, adding that the request is a standard defense tactic. She will file a response within her allotted 10-day period, addressing claims that the defense outlined in the motion.

In defense of the lawsuit, Bedi said, "Our complaint clearly alleges violations of clearly established law."

In 2003, the federal government brought a lawsuit against Columbia and Oakley Training Schools citing "cruel and unusual" treatment of delinquent teens. Some of the practices detailed in the 2003 lawsuit include teens being sprayed with pepper spray, being made to swallow their own vomit and run through fields with tires around their waists.

Another civil lawsuit was brought against the facility for alleged sexual assault, but was dismissed. Bedi points out that that litigation was "dismissed without prejudice," which means that it can be brought back at any time. "That lawsuit was not dismissed because of the merits of the case. It was dismissed because of the technical flaw in the complaint," Bedi said.

Rep. George Flaggs, D-Vicksburg, chairman of the House Juvenile Justice Committee, said that he is still waiting on information and recommendations on how to handle the recent events at Columbia Training School. "If I don't be getting that report in the next week or two, I'm calling a committee hearing," he said. "… (I'll) subpoena some people to the capitol. And that does not exclude the governor."

Flaggs also has advocated to close Columbia as a adolescent delinquency school.

"It's obselete. It is not working," he said. "What we need to do is turn Columbia Training School into a drug and alcohol treatment facility. Most of the kids that we're serving now in 2007 are doing what they do because of alcohol or drug influence. We need to start treating (those) symptoms and prevent them from coming into the system in the first place."

"It's mind-boggling to me that we're still spending $6 million a year for an average of 30 girls a month," Flaggs said. "We may as well throw money into the Mississippi River than continue to do that."

DHS Executive Director Don Taylor said that it is against the policy of the department to comment on pending litigation.

Previous Comments

ID

68035

Comment

Col Don Taylor needs to go!

Author

pikersam

Date

2007-09-05T07:45:13-06:00