Hundreds of Abuse Victims to Proceed with Lawsuits Against Youth Detention Center After Landmark Ruling
The victims of physical and sexual abuse at the Sununu Youth Detention Center in New Hampshire have been granted the right to have their day in court, following a landmark ruling by Rockingham Superior Court Judge Andrew Schulman. The ruling denies the state’s attempt to dismiss the lawsuits filed by over 1,200 victims. This decision not only upholds the rights of the victims but also establishes a framework to ensure the safety of children in New Hampshire’s child protection system in the future.
Attorneys David Vicinanzo and Rus Rilee, who represent the victims, hailed the ruling as a vindication of their clients’ rights. They argue that the state has a fiduciary duty, the highest duty in the law, towards every child it takes into custody. The attorneys point out that this scandal is the worst in the state’s history and express their disappointment in Attorney General John Formella’s attempt to dismiss the cases. They accuse Formella and his outside lawyers of trying to deny the victims a chance to prove their claims in court.
Trials are expected to commence early next year and could potentially keep the state entangled in legal proceedings for close to a decade. However, Michael Garrity, spokesman for Formella, emphasizes that Schulman’s order is not the end of the state’s efforts to dismiss some of the claims. Garrity mentions that some complaints have already been dismissed, and the surviving complaints have a limit imposed on them. Attorneys with the New Hampshire Department of Justice will have further opportunities to challenge some of the claims.
Schulman’s order also outlines the legal parameters for the upcoming proceedings. However, he acknowledges that his ruling may be less helpful than it appears due to the unconventional nature of the proceedings. Instead of individual complaints from each of the 1,200 plaintiffs, the court is utilizing a master complaint that encompasses common allegations shared by most of the victims. It should be noted that this approach has never been utilized in a New Hampshire courtroom before. Schulman believes that the real work in determining whether the lawsuits can proceed will only begin once each plaintiff brings their own complaint to court.
According to Vicinanzo, the real victory for the victims lies in Schulman’s decision to allow complaints based on negligence and breach of fiduciary duty to proceed. The judge also rejects the state’s attempt to dismiss the cases on grounds of sovereign immunity and statute of limitations. Vicinanzo expresses his satisfaction with the outcome, as all attempts to dismiss the cases based on these grounds have failed.
New Hampshire has been striving to avoid going to trial in these civil lawsuits for several years. The legislature established a $100 million settlement fund last year to address the claims and avoid the court proceedings. However, despite handling relatively few claims, the fund is nearly depleted, as a handful of cases have already been settled using its resources. With 92 more claims currently pending, the remaining funds could be exhausted if they are approved.
John Broderick, the administrator of the settlement fund, stated that the gross amount of all the claims sought already totals $82 million. This situation has raised concerns about the fund’s viability moving forward.
Overall, this ruling serves as a significant step towards justice for the hundreds of abuse victims who suffered at the Sununu Youth Detention Center. While the trials are expected to be lengthy and may burden the state’s legal system, they are crucial in holding the responsible parties accountable and ensuring the safety of children in New Hampshire’s care.
