Sex abuse claims in suit refer to boot camp death (Florida)

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By: DAVID ANGIER
The News Herald

PANAMA CITY - For the second time in two years, the Department of Juvenile Justice is being sued over the sexual abuse of an underage offender in a state program.

This time, however, the lawyer is linking the department's alleged negligence to the recent death of a juvenile offender in the Bay County Sheriff's Boot Camp.

Tallahassee lawyer Karen Gievers wrote in the complaint that the department "apparently" has demonstrated negligence "as part of its policy of punitive measures and disrespect of Bay County youngsters (reflected in the recently publicized abuses at the DJJ Boot Camp Program)."

Gievers said in a phone interview Tuesday afternoon that the death of boot camp detainee Martin Lee Anderson, 14, in January, and documented sexual abuse cases at Unlimited Path Inc. show disdain for Bay County youth.

"There seems to be an attitude toward these youngsters that suggests that government officials or those they contract with can use inappropriate conduct, or don't care if they use inappropriate conduct, because somehow these youngsters aren't viewed as human beings," she said.

Gievers claims damages for a plaintiff identified only as "C.W.," who she said was a victim of sexual abuse at the hands of George Deloach during Deloach's time with Unlimited Path, a program that contracts with the juvenile justice department to monitor curfew violations by underage offenders.

Deloach was convicted in 2004 of lewd and lascivious molestation and misdemeanor battery and sentenced to prison for molesting a teen boy he was monitoring.

That boy sued DJJ, Unlimited Path and Deloach in 2004, but the suit against the agencies was dismissed last year. It was unclear through court records whether the suit against Deloach still is active.

Gievers said she believes that lawsuit was dismissed for procedural reasons. Her lawsuit does not include Deloach, but targets DJJ and Unlimited Path.

"There were concerns about whether Unlimited Path was a viable company or had the proper insurance," she said.

Gievers said the lawsuit was brought now simply because she was just recently retained.

"In 2003, Unlimited Path's personnel - apparently lacking in proper training techniques - conducted inappropriate examinations of youngsters (in reality, various acts of sexual abuse) to whom services were being provided," Gievers wrote in the lawsuit. "To the extent Unlimited's personnel believed that they were to conduct such searches to see whether the youngsters had been abused, Unlimited was guilty of negligence in the training, supervision and oversight."

"Defendant DJJ failed to act reasonably and failed to use reasonable care for the safety of Plaintiff and other youngsters in its custody in Bay County."

Juvenile justice department sued, called negligent.