U.S. District Court: FAILURE TO PROTECT, FAILURE TO SUPERVISE, NEGLIGENT RETENTION, NEGLIGENT SUPERVISION.
Brown v. Youth Services Intern. of South Dakota, 89 F.Supp.2d 1095 (D.S.D. 2000). Residents of a juvenile treatment facility who were allegedly sexually assaulted by a counselor brought an action alleging negligent hiring, supervision and retention, and negligent and intentional infliction of emotional distress. The district court found that fact issues precluded summary judgment with respect to the negligent hiring, retention and supervision claims. The court found that the plaintiffs may collect damages for emotional injuries resulting from their alleged physical assaults. According to the court, the retention of the employee after allegedly receiving reports of sexual abuse constituted extreme and outrageous behavior as needed to support a claim of intentional infliction of emotional distress. The court found that there were genuine material issues of fact as to whether the facility administrators knew, or should have known, of the counselor's alleged propensity for abusing children when they hired the cou nselor. (Youth Services International of South Dakota, Inc., operating under the name Chamberlain Academy)