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Youth Services International Not Liable for Child’s Rape by Cellmate
The plaintiff alleged that he was sexually assaulted by his roommate in a privately operated juvenile facility.
The corporation is entitled to summary judgment in the absence of evidence of a corporate policy supporting liability. Its policy was to require a legitimate reason for a room change and evidence of "detrimental behavior" by the roommate before authorizing the room change. When the unit manager was provided with this information, he made the change the same day. (Of course, when the plaintiff complained the previous night to a staff person, nothing was done, and he was raped later that night.)
The court denies the motion to amend to add a training claim because the plaintiff waited until after the discovery deadline even though the absence of such a claim was raised during discovery. See: Burton v. Youth Services International, 176 F.R.D. 517 (D.Md. 1997).
The corporation is entitled to summary judgment in the absence of evidence of a corporate policy supporting liability. Its policy was to require a legitimate reason for a room change and evidence of "detrimental behavior" by the roommate before authorizing the room change. When the unit manager was provided with this information, he made the change the same day. (Of course, when the plaintiff complained the previous night to a staff person, nothing was done, and he was raped later that night.)
The court denies the motion to amend to add a training claim because the plaintiff waited until after the discovery deadline even though the absence of such a claim was raised during discovery. See: Burton v. Youth Services International, 176 F.R.D. 517 (D.Md. 1997).
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Related legal case
Burton v. Youth Services International
| Year | 1997 |
|---|---|
| Cite | 176 F.R.D. 517 (D.Md. 1997) |
| Level | District Court |
| Injunction Status | N/A |