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son held hostage at juvenial center

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plw1960

Junior Member
What is the name of your state? Indiana
My son was given 60 days at Southwest Indiana Regional Youth Villiage for taking pills from a neibors house. Another kid got a VCR tape and broke it to make a knife. He acted like he was taking a shower but was making this knife. My son was closest to the bathroom door and so when the kid came out he grabed my son in a head lock and put the knife to his neck and told the guards to unlock the door. They told him no and so he cut my sons neck. There were 5 workers watching and not one tried to help my son. My son kept trying to get away finally from start to finish the SWAT team got the other kid. Total time was about 45 minutes. Someone had called an ambulance and when they got there one of the workers stated he didnt know why they were called he's fine and sent them away without even looking at my son. The next day my son called me and told me what happened. I talked to his case worker and she felt his nose wasnt broken but would get an xray. Then did a catscan to his head. He ended up with superficial cuts to his neck above each eye on his hands above his ear. broken nose. Knots on forehead and head. My problem is with why noone helped him and why they didnt take him to the hospital. Do I have any legal rights since he's under age. I've thought about a law suit against the center because I dont feel they protected him or seek medical treating.
 


Shay-Pari'e

Senior Member
They called the swat team, so I am unclear on how you think they did nothing. Is this the story you are getting from your son?
 

weenor

Senior Member
What is the name of your state? Indiana
My son was given 60 days at Southwest Indiana Regional Youth Villiage for taking pills from a neibors house. Another kid got a VCR tape and broke it to make a knife. He acted like he was taking a shower but was making this knife. My son was closest to the bathroom door and so when the kid came out he grabed my son in a head lock and put the knife to his neck and told the guards to unlock the door. They told him no and so he cut my sons neck. There were 5 workers watching and not one tried to help my son. My son kept trying to get away finally from start to finish the SWAT team got the other kid. Total time was about 45 minutes. Someone had called an ambulance and when they got there one of the workers stated he didnt know why they were called he's fine and sent them away without even looking at my son. The next day my son called me and told me what happened. I talked to his case worker and she felt his nose wasnt broken but would get an xray. Then did a catscan to his head. He ended up with superficial cuts to his neck above each eye on his hands above his ear. broken nose. Knots on forehead and head. My problem is with why noone helped him and why they didnt take him to the hospital. Do I have any legal rights since he's under age. I've thought about a law suit against the center because I dont feel they protected him or seek medical treating.
Liability will depend on whether there is evidence that the center's failure to seek medical treatment constitutes cruel and unusual punishment under the 8th Amendment of the Constitution. Talk with a lawyer in your area. Since they will work on contingency, they won't take your case unless they think there is potential. Then you'll know.
 

plw1960

Junior Member
What is the name of your state? Indiana
My son was given 60 days at Southwest Indiana Regional Youth Villiage for taking pills from a neibors house. Another kid got a VCR tape and broke it to make a knife. He acted like he was taking a shower but was making this knife. My son was closest to the bathroom door and so when the kid came out he grabed my son in a head lock and put the knife to his neck and told the guards to unlock the door. They told him no and so he cut my sons neck. There were 5 workers watching and not one tried to help my son. My son kept trying to get away finally from start to finish the SWAT team got the other kid. Total time was about 45 minutes. Someone had called an ambulance and when they got there one of the workers stated he didnt know why they were called he's fine and sent them away without even looking at my son. The next day my son called me and told me what happened. I talked to his case worker and she felt his nose wasnt broken but would get an xray. Then did a catscan to his head. He ended up with superficial cuts to his neck above each eye on his hands above his ear. broken nose. Knots on forehead and head. My problem is with why noone helped him and why they didnt take him to the hospital. Do I have any legal rights since he's under age. I've thought about a law suit against the center because I dont feel they protected him or seek medical treating.
The story is from my son and also the workers. He has a case manager there that was on vacation and she even called the facility. The next day I had at least 10 calls from two different case managers there. I also got a call from the probation office stating the Judge wanted them to call to let me know they will be investigating the matter. Everyone I spoke to assured me Wade just happened to be the closest one for him to grab.
 

plw1960

Junior Member
Yes they may of called the SWAT team but in the mean time there were 5 adult men watching my son be attacked. I realize he's there do to committing a crime, but he doesnt deserve to have his life threatened. Just so you know I turned my son in for his crime because I didnt want him to think he could get by with this in life. That was hard enough for me to do, now I have to see him be abused? He's not a bad kid just got mixed up with the wrong group of boys. I work full time and have worked at the same place 12yrs. So its not because I'm out for a quick buck. I just want justice for my son. As a parent I am very upset over the whole situation. Not getting him Medical care was wrong, and as I said he did end up with a broken nose. So please dont base your opinion on thinking because hes in there he's a bad kid. He's not he just made a bad choice. Which I'm sure you'd have to agree weve all done at one time. Although not the same. Thanks for your time.:confused:
 

CdwJava

Senior Member
It is likely the juvenile hall staff was not trained to diarm a suspect holding a person hostage with a blade to the hostage's throat - they certainly aren't in my state! Had they TRIED to save your son and your son's neck had gotten punctured, would you have been happy that they at least acted? Doubtfuyl. Chances are they would have been sued for taking an action they were not trained to do.

So, they waited for the police.

Should they have gotten him evaluated? Probably. Is he damaged further due to that failure? It doesn't sound like it. There is not a whole lot you can do for a broken nose, and abrasions get a washing and a Band-aid.

My guess is that any stink that has been raised will change policy for the future so that they will likely err on the side of caution and request a medical evaluation in future events.

What do you hope to accomplish with a lawsuit? What damages has he suffered as a result of their failure to provide immediate treatment? If there is no loss or damage, then there is little chance of a successful lawsuit. However, you can likely find a lawyer who would be willin gto pursue it on contingency as he makes a claim and hopes for "go away" money (a quick payoff to avoid court since it usually costs more than $10,000 to go to court, many agencies will write a check for between $5,000 and $10,000 to make these matters go away). However, if the agency doesn't blink, you might face the prospect of paying a lot of money to pursue a questionable case.

If it's money you want, then certainly consult an attorney. If it is a change of policy you want, then let them know - my guess is that you will get it.

- Carl
 

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