K.M. v. Alabama Dept. of Youth Services.

U.S. District Court

FAILURE TO PROTECT

K.M. v. Alabama Dept. of Youth Services, 360 F.Supp.2d 1253 (M.D.Ala. 2005). Former juvenile detainees sued the Alabama Department of Youth Services (DYS), a former DYS employee, and others under [section] 1983 and state law, alleging that they were sexually and physically assaulted and harassed while in DYS custody. The former employee moved for summary judgment and the district court denied the motion. The court held that summary judgment was precluded by genuine issues of material fact as to whether the employee violated a detainee's due process right to bodily integrity, and whether a detainee suffered emotional distress so severe that no reasonable person could be expected to endure it, as the result of a sexual assault by the employee. The court noted that even if a juvenile detainee had serious mental health problems before an employee allegedly inserted his finger into her vagina, that fact would not preclude a finding that any mental distress she experienced was caused by the employee, for the purposes of the Alabama tort of outrage. The court found that the employee was not protected by state-agent immunity under Alabama law because the alleged acts were not committed in the performance of his job-related duties. (Department of Youth Services, Chalkville Campus, Alabama)