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Lawsuit filed to end abuse of children in jail

Southern Poverty Law Center Files Lawsuit Against

Polk County Sheriff to End Abuse of Children at Jail

Florida Law Allowing Counties to Hold Children in Adult Jails at Root of Lawsuit

 TAMPA, Fla. – The Southern Poverty Law Center (SPLC) filed a federal lawsuit against Polk County Sheriff Grady Judd on March 21 for regularly subjecting children held at the county’s adult jail to abuse, neglect and violence -- including the placement of children in a cage for punishment.

 The lawsuit comes after Florida lawmakers last spring passed SB 2112, which allows counties to place children as young as eight years old in adult jails.

 The class-action lawsuit describes how guards brutalize children by spraying them with harsh chemicals for even minor infractions, such as taking too long to get dressed. Children also are subjected to physical and verbal abuse by guards, including a recent incident where a guard twisted a teenager’s arm behind his back and threatened to break it. The lawsuit also describes how the sheriff fails to provide these youth with adequate educational and rehabilitative services.

 “This lawsuit illustrates that children simply do not belong in adult jails,” said Tania Galloni, managing attorney for the SPLC’s Florida office.

 “Sheriff Grady Judd promised to save tax money by housing children in the county’s adult jail. But any savings he has generated has come at the children’s expense,” Galloni said. “It’s easy to run a jail on the cheap when you disregard the law, scrimp on staffing, encourage abusive conditions and deny children the services to which they are entitled under federal law.”

 Judd began housing children at the facility in October 2011, shortly after state legislation was passed that allows county commissions to place children charged as juveniles in adult jails. Though more than 75 percent of the youth arrested in Polk County are charged only with misdemeanors or probation violations, the sheriff has housed over 100 children, some as young as eight years old, in the Polk County Jail. Guards have received no training on how to work with children.

 Polk County is the only county in Florida so far to detain youth charged as juveniles under adult jail standards rather than Department of Juvenile Justice (DJJ) standards. Judd’s treatment of children in his care exemplifies how SB 2112 has reversed more than 40 years of juvenile justice efforts to create protections for children that adult jails cannot provide. 

 “Rather than look after these kids, the guards at the jail call the children names, let them get into fights, lock them up in small cages, and spray them with mace.  It’s unbelievable,” said Lisa Jobe, whose 15-year-old son is currently being held in the Polk County jail.  “I see how difficult this is for my son.  Being in the adult jail is beating him down, and I worry about how this will affect him in the future.  He has so much life ahead of him.”

 Decades of research shows that exposing children to adult jails leads to more crime, not less. Based on this research, states around the country have passed legislation prohibiting the placement of children in adult jails. Florida legislators bucked this promising trend when they passed a law that could funnel children into adult jails throughout the state of Florida.

 “The abuse suffered by the children of Polk County should serve as a cautionary tale for counties throughout the state of Florida that are considering housing children in adult jails.”  Galloni said. “This lawsuit demonstrates that incarcerating children in adult jails is bad public policy that inflicts incalculable harm on children, results in negative public safety outcomes and exposes taxpayers to tremendous legal liability.”

 # # #

 The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana and Mississippi, is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information, see www.splcenter.org.  

 

Allegations of child abuse against Polk County Sheriff

Allegations of child abuse against Polk County Sheriff's Office are contained in this email the LWVOC received today containing a letter sent to the Polk County Sheriff's Office by The Children's Campaign and Southern Poverty law Center. Wanted to share with LWVOC members.

March 5, 2012

Mr.  Bryant Grant

Chief of the Department of Detention

Polk County Sheriff’s Office

 via email: [email protected] 

 Mr. Grant:

 We are responding to your February 15, 2012 email communication to Linda Sutherland, Chair of The Children’s Campaign, and subsequent email or letter to members of that organization’s governance board regarding the Polk County Jail’s January 2012 pepper spraying of several children in its custody. 

 In those emails and letters, you claim that the children’s allegations are false.  Yet, hasn’t the Polk County Sheriff’s Office declined SPLC’s repeated invitation to interview any of its clients who were involved in or witnessed the incident? 

 You said that video evidence refutes the children’s claims.  Yet, isn’t it true that cameras do not capture in their view all areas where the children were pepper sprayed, and the Polk County Sheriff’s Office has not responded to SPLC’s request to view any video that may exist? 

 You claim that SPLC Attorney David Utter, who originally reported this incident, has never been to or toured the facility.  Yet as your visitor logs will reflect, Mr. Utter has in fact been to the jail and spoken with several children detained there, some as young as eight years old.  SPLC staff has also toured the facility, which is clearly no more than an adult jail ill-suited for children.

 Your email defends the pepper spraying of children on the basis that the children were fighting.  Yet, detention centers throughout the country operate without the use of chemical agents and with rare incidences of violence.  Rather than merely monitoring children with cameras, these detention centers rely on staff professionally trained on the unique developmental needs of children to maintain order and safety. 

 You claim that the hundreds of hours of “training” Polk County Sheriff’s deputies receive make their detention of children superior to that of the Department of Juvenile Justice (DJJ).  Yet none of the Sheriff’s Office posted detention positions requires any background or training in working with children.  By contrast, the DJJ has managed to detain pre-adjudicated youth for decades without resorting to spraying them with harmful chemical agents. 

 Given that Polk County imposes on children an adult correctional model—which does not provide constructive, interactive supervision — it shouldn’t come as a surprise that violence has become a prevalent problem at your facility.  Indeed, this is not the first time that conditions created by the design of your detention model have resulted in fights among children while at the jail.  Nor is it the first time that deputies have responded punitively with the use of pepper spray. 

 And for the first time, you claim that the children who complained about being pepper sprayed are now under criminal investigation related to the fight.  Now that the incident has been brought to the forefront of public attention, is this merely a strategy to silence children who dare to report mistreatment rather than uncover the facts and ensure the children’s safety? 

 Since reporting the incident, your office has for the first time restricted youth's access to SPLC's lawyers, including children who have specifically asked to meet with SPLC.

 We are also concerned that your emails and letters did not mention the other concerns brought forward by parents about the treatment of children at the Polk County Jail.  Among these are the costly phone charges extracted on families just to be able to speak with their children.  Through this omission, are you saying it is unimportant for parents to have a meaningful ability to remain in contact with their children while they are detained? 

 Finally, you devote much of your email to decrying the cost of DJJ detention as opposed to the bargain prices charged by the Sheriff’s Office.  The point you raise may be justification to change the billing system to the counties.  It is not, however, a reason to return to the bad practice of detaining children in adult jails.

 Further, regarding cost, as the saying goes, you get what you pay for.  Research shows that children held in adult jails are more likely to commit suicide, be sexually assaulted, and re-offend after release, when compared to children held in juvenile justice facilities. 

 Make no mistake, the true cost of detaining children in adult jail---where pepper spray is only one of the harms to which they are subjected---is being borne by these children, their families, and ultimately the community. 

 We stand by our strong opposition to detaining children in adult jails.  We also object to the use of painful and harmful chemical agents.  And we protest putting undue burdens on parents to have reasonable contact with their children.

 Sincerely,

 

 Roy Milller                                    David Utter, Esq.

President                                        Director of Policy

The Children’s Campaign              Southern Poverty Law Center

 

Sentinel publishes League Letter on contraception

This Letter to the Editor on the League's stand on contraception was published in Sunday's Orlando Sentinel.

Recently, the U.S. Senate narrowly defeated an amendment that would limit access to contraception for women if any employer or insurance plan has an undefined "religious or moral objection" to it. This move to cut back on preventive health-care services would turn back the clock for women.

We realize that not everyone agrees with the League on this subject. But we strongly believe that public institutions, including schools and hospitals that receive substantial federal assistance, should not limit the health-care choices of their employees. Neither should institutions that serve the public be allowed to impose their views. They should respect the decisions of each individual.

The League of Women Voters believes that all people, regardless of gender, should be eligible for preventive health services. Allowing employers to exclude contraceptive services is discrimination based on sex — something that has no place in the 21st century.

Ann Hellmuth President, League of Women Voters of Orange County

LWVF Field Trip turns into an adventure

By Jane Lane

Seminole LWV

Our memorable day  - March 17 - began at the Harry T & Harriett V. Moore Memorial Park and Cultural Center in Mims.  The curator Juanita Barton, who grew up in Mims, shared the history of the Moores and the critical part they played in the Civil Rights Movement.  The Moores were both teachers.  Harry Moore served as Area Director of the NAACP and founded the Progressive Voters League.  The Progressive League registered 100,000 voters before the Moores’ died when their a bomb went off in their bedroom on December 25, 1951. 

The League of Women Voters continues the Moore’s work of empowering citizens to register to vote and to make informed decisions at the polls.

 We enjoyed a lunch of regional foods and heard a presentation by Lauralee Thompson, Dixie Crossroads Manager and a long time environmentalist.  Laura shared her experiences of growing up on the Indian River Lagoon.  In 1991, The Lagoon was designated as an Estuary of National Significance.  Laura reminded us that the River needs everyone’s help.  The river that she enjoyed in childhood is now suffering fish kills as a result of storm water discharges and the overuse of fertilizers and pesticides.  She did tell us that some environmental interventions are working.  The once threatened oysters are coming back and are now available in area markets. 

  In a Refuge van driven by a volunteer biologist, we discovered manatees, white pelicans, Great Southern Butterflies, white herons, and alligators.  We identified Spanish needle, coral beans, Caroline willow, slash pines, cat tails, and southern red cedar.

 Members from Volusia, Brevard, Seminole, and Orange Co Leagues as well as the Florida League’s Executive Director Jessica Lowe Minor enjoyed this special day of history, voting rights, nature, and food.  All of us agreed that we can’t wait for the Florida League and me to schedule another adventure.

Charley Williams, LWVFl Voters Service Chairman brought us up to date on election information:

June 4-8 – qualifying dates for candidates

July 16 – registration deadline for August 14 Primary Election

August 14 – primary election: This will be the first Florida election following the Fair District redistricting lines.   Turnout for Florida’s primary is traditionally low (18-22%).  With low turnout, any vote carries more weight simply because others don’t show up at the polls. 

 The League is involved in two separate lawsuits working their way through the courts.  We are hopeful that the courts will issue an injunction allowing the League to begin registering voters again without the 48-hour penalty provision.  Due to onerous legislation, the League stopped registering voters in Florida in March, 2011.

 

 

Stand Your Ground law prompts questions for lawmakers

By Charley Williams

Floridians are rightly questioning the wisdom of the so-called Stand Your Ground law, which was adopted by the Legislature in 2005. This might be the right time to take a look at the comments which were made in committee hearings as well as on the House and Senate floor both supporting and opposing the legislative intent.

In hindsight, what promises were made? What assurances were guaranteed? What safeguards to justice and due process were addressed? What references were made to best management practices?

What other states were cited with long-standing track records on this subject? Did proponents anticipate a smooth implementation of the law, or were there concerns about interpretation? Was there adequate time for citizen input or was debate cut off?

How did our Central Florida legislative delegation vote on this legislation? Did any members serve as sponsors of the legislation?

I’d like to ask these elected servants if they still believe Florida citizens are well served by this nebulous act.

Charley Williams is former president of the LWVOC and is currently on the state board.

League's Speakers Bureau draws crowds

 By Adrienne Katz Katz

Speakers Bureau Chair

Audiences for the League's recent Speakers' Bureau presentations about the League, voting and Women's history ("herstory") have numbered in the hundreds.  They've ranged in ages from nine year old schoolchildren to ninety-plus year old residents at assisted-living facilities--and every age in-between and type of group imaginable.  We've spoken at libraries, churches, synagogues, schools, neighborhood associations, women's club luncheons, political groups and university classes. 
 
The almost universal response has been gratifying and heartwarming.  We sincerely believe that our calls to action will be heeded by many people who otherwise merely would have complained, and that those who listened felt their time was well spent learning new information. 
 
We have adhered to the League stipulations of advocating for issues, not for political parties or candidates.  Redistricting and ethical government has continued to be a major concern, as has health care, education and the environment. Fighting against the proposed TABOR amendment (The Taxpayer Bill of Rights) will be consuming even more time and energy.  The League is advocating against ALL of the proposed amendments to the Florida Constitution--"Just Say NO!!" 

 We continue to stress that democracy works only when voters pay attention and stay involved by studying issues and communicating with their representatives.  The League is committed to upholding the high standard of previous League Voters Guides and referring voters to the Guide to fulfill our ongoing goal of voter education.

As the election cycle revs up, the Speakers Bureau is ready to respond to as many requests for presentations as possible.  Please contact Adrienne Katz Katz, [email protected], phone 407-297-0958 to schedule a League speaker.

Affordable Health Care anniversary

PRESIDENT’S CORNER

 

Tomorrow is the second anniversary of the Affordable Care Act (ACA) so it seems appropriate that we step back and take stock of the law and its impact thus far. After all, the League played no small part in its historic passage!

• Medicare participants have annual checkups and mammograms covered at no cost to them.   
• Children are no longer denied coverage due to pre-existing conditions.
• Insurance companies can no longer impose lifetime limits on coverage.
• Young adults can stay on their parents’ health plans as dependents until age 26.
• The prescription drug coverage gap, the infamous Medicare “Donut Hole,” is gradually being phased out.

To date, for millions of Americans, this historic law has made a difference to their health and in their lives. Let’s celebrate and take note of the advances that have already taken place and those to come in the next few years.

There are challenges ahead and we must plan accordingly. On Monday, March 26, the U.S. Supreme Court will begin hearing three days of oral arguments on various legal challenges to the ACA. In addition, there are congressional attempts to destructively amend the ACA and others to defund the law.

For this day, let’s focus on the facts, and how the ACA has already helped the lives of so many Americans. You can learn more about ACA and what it has accomplished here and here.

In League,

Affordable Health Care anniversary

PRESIDENT’S CORNER

Dear League Leader:

Tomorrow is the second anniversary of the Affordable Care Act (ACA) so it seems appropriate that we step back and take stock of the law and its impact thus far. After all, the League played no small part in its historic passage!

• Medicare participants have annual checkups and mammograms covered at no cost to them.   
• Children are no longer denied coverage due to pre-existing conditions.
• Insurance companies can no longer impose lifetime limits on coverage.
• Young adults can stay on their parents’ health plans as dependents until age 26.
• The prescription drug coverage gap, the infamous Medicare “Donut Hole,” is gradually being phased out.

To date, for millions of Americans, this historic law has made a difference to their health and in their lives. Let’s celebrate and take note of the advances that have already taken place and those to come in the next few years.

There are challenges ahead and we must plan accordingly. On Monday, March 26, the U.S. Supreme Court will begin hearing three days of oral arguments on various legal challenges to the ACA. In addition, there are congressional attempts to destructively amend the ACA and others to defund the law.

For this day, let’s focus on the facts, and how the ACA has already helped the lives of so many Americans. You can learn more about ACA and what it has accomplished here and here.

In League,

Cowles says Orlando elections could be crazy

Orange Elections Supervisor Bill Cowles warned poll workers today (March 20) to expect a lot of confused voters when the City of Orlando elections are held April 3.

“It is going to be ugly out there,” Cowles told workers gathered at the elections office for a training session. “This is the City of Orlando election and with it comes a lot of craziness.”

This is the first election since the districts were reapportioned and some voters may not realize they have been moved into another district. The city also drew new precinct boundaries which, Cowles said, will further confuse voters.

“Voters are creatures of habit they will drive to where they voted on January 31 or in 2010 and find the place empty,” he said.

Cowles said many people mistakenly think they live in the city and turn up at the polls expecting to cast a ballot.

“To complicate things the U.S. Postal Services gives a lot of you Orlando mailing addresses even though you don’t live in the city.” In addition, he said, there are enclaves in the middle of the city that are still in the county because the land has never been annexed.  

Some people don’t know the difference between the city and county mayor, he said, while others think that because they are served by Orlando Utilities they must live in the city and therefore be able to vote.

Led by Adopt-a-Precinct chair Laurie Wack, the LWVOC will be staffing Precinct 3301 in Baldwin Park on election day. The popularity of the program was evident when Cowles asked us how many were part of Aopt-a-Precinct. Most of the trainees raised their hands. The supervisor noted that half of Orlando’s 27 precincts would be staffed by AAP volunteers.

Sample ballots will be mailed to all voters on Thursday along with maps with blue ink marking the new boundaries. But Cowles predicted that many voters wouldn’t bother to study the information and would just head to the place where they had always voted.

More than 9,000 absentee ballots have been sent out and Cowles reminded poll workers that voters must drop their completed ballots off at the Supervisor of Elections Office on Kaley Avenue.

Cowles said that because the races for mayor and city commission seats had been “very competitive” contests he expects a lot of candidate action around the polling places.

When the city of Winter Garden held elections last week, he said, there were "more signs for one candidate than the candidate received votes in the election."

By Ann Hellmuth
LWVOC President