Damage Award to Sexually Abused Youth Upheld

Hattiesburg American
May 30, 2012

http://www.hattiesburgamerican.com/article/20120531/NEWS01/205310323/Damage-award-sexually-abused-youth-upheld

JACKSON — The state Court of Appeals has upheld an award of $500,000 to a teenager who was sexually abused by workers at facilities operated by the Mississippi Department of Human Services in Starkville and Ackerman.

In 2007, the Appeals Court upheld a Hinds County judge's ruling that MDHS was liable for failing to protect the minor from sexual abuse by workers at the two facilities and to monitor his treatment. The court record shows the teen was in MDHS custody and assigned to the facilities.

The case was returned to Hinds County for determination of damages. The two sides allowed the judge to determine damages. Circuit Judge Winston Kidd in 2010 awarded the teenager $500,000.

On Tuesday, the Appeals Court, in a 5-5 decision, upheld the damage award.

According to the court record, the abuse began in 1996, when the boy was 14, and continued until the teen was returned to his mother in 1997. The mother went to MDHS after one of the workers sent love letters and other attempts at communication with the teen. MDHS dismissed the claim, which lead to the lawsuit.

On appeal, MDHS argued those involved were employees of the facilities and not the state so it should not be assessed damages.

Appeals Judge Virginia Carlton said it was already settled that MDHS breached its duty to protect and care for the youth while he was in its custody for 14 months. Carlton said MDHS maintained custody of the youth until relieved by court order.

Carlton said the evidence provided by the youth was enough to show that his mental anxieties that resulted from the sexual abuse were sufficient to support the damage award. Carlton said the damage award was not unreasonable.

Appeals Judge T. Kenneth Griffis Jr., in a dissent joined by four other judges, said the trial judge should have arrived at an amount of youth's total damages, explained how the damages were calculated and identified each occurrence to which the damages were allocated.

"This court's earlier opinion made clear that the circuit judge could not enter a lump-sum damages award. Instead, the circuit court was expressly required to explain his decision to award damages. He did not," Griffis said.

Griffis said the case should be sent back to the circuit judge to review the damages issue again.