Cincinnati attorney Alphonse Gerhardstein yesterday re-opened a federal class-action suit against the Ohio Department of Youth Services in contention that minors are subject to “abusive, inhumane, and illegal conditions, policies, and practices” while being incarcerated, and that the ODYS is “deliberately indifferent to their constitutional & legal rights; conditions, policies, and practices at (its) facilities constitute punishment and a substantial departure from accepted professional judgment , practices & standards.” (Article and Complaint)
This is one of several cases currently in District Court against the Department of Youth Services, being an outgrowth from an earlier class-action suit filed in 2004, and settled last month, in which ODYS at least agreed to “use its best efforts to meet minimum standards on issues related to conditions of confinement, and provide a mechanism for challenging the legality of the assistance given on detention credit issues, if appropriate.” Of particular concern in this case was an “adequate, effective and meaningful system for committed juveniles… to gain access to the courts.” (Settlement)
A third case filed March 1st. alleges ODYS of “‘arbitrarily and unilaterally’ extending minimum sentences for incarcerated juveniles and requiring them to complete rehabilitation programs often not available to them before the end of their minimum sentences.” (Complaint)
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