The first trials for the alleged victims of abuse at a state-run detention facility for minors have been scheduled for next April. That’s more than three years after an initial lawsuit revealed an alleged pervasive culture of violence inside the former Youth Development Center in Manchester.
Since David Meehan filed his lawsuit about the alleged sexual and physical abuse by employees and went public alongside two dozen other alleged victims, an estimated 1,300 former YDC residents have also sued. It’s a staggering number that attorneys say represents the extent of harm caused.
“The case has become one of the largest child abuse cases in the history of the country,” said David Vicinanzo, an attorney with Nixon Peabody who is representing hundreds of alleged victims. “It is by far the largest scandal of government in the history of the state of New Hampshire.”
This week, a Rockingham Superior Court judge scheduled the first of the civil cases to move forward to trial in April of next year. Due to the sheer size of the litigation, and the similarities between some of the allegations, the court will take up the trials in batches, with likely five to 10 victims essentially going before a jury simultaneously, according to Vicinanzo.
The lawsuits collectively allege sexual and physical abuse perpetrated over several decades at YDC and other state-run facilities for youth. Victims have alleged rapes and beatings at the hands of employees, with some enduring lifelong physical and emotional injuries as a result.
State prosecutors have arrested at least 11 former employees, charging them with sexual assault and other crimes, and have asked any former residents of the facility to assist in documenting other allegations of abuse. Some of the criminal defendants are now scheduled for trial, according to a spokesperson for the New Hampshire Attorney General’s office, though there may be delays due to the volume of evidence in the cases.
$100 million fund starts processing claims
While the legal process continues to play out, victims are also able to pursue an alternative path for restitution backed by the state. The state has begun awarding settlements out of a $100 million fund set aside by lawmakers.
Last May, Gov. Chris Sununu signed into law a package that sets aside the money to compensate victims of abuse at YDC and other state facilities, providing an option for victims to settle their claims rather than go to trial. Former New Hampshire Supreme Court Chief Justice John Broderick was tapped to serve as administrator of the fund, which began accepting claim requests at the start of this year.
According to the first report issued by the fund administrators at the end of March, 38 claimants have filed for a payout. A single claim was settled in the first three months of the fund’s operation, for $170,000, though that money had yet to be paid at the time of the report.
Jennifer Foley, an attorney who is working with Broderick to process the claims, said their office is tasked with being as “streamlined and efficient as possible” in moving applications through their system. She noted the office is using a trauma-informed process to ensure victims of abuse are treated with respect.
The settlement fund is operating off of a set of guidelines established by members of the Legislature in determining payouts, with the base award for rape sustained at a state-run facility at between $150,000 and $200,000, and payments for physical abuse ranging from $2,500 to $50,000 depending on severity of injuries.
Claimants begin the process by submitting a detailed summary of their memories of mistreatment, along with a requested payout. After confirming the validity of the claim, the Attorney General’s office then either agrees to the requested payment, or makes a different offer. The claimant can then accept that amount, end the settlement process and pursue a case through the legal system, or request that Broderick serve as an impartial mediator in determining an award.
It isn’t clear what a claimant at trial may receive in compensation if a jury finds the state liable, though some attorneys have criticizedthe settlement fund allocations as far below what a jury may ultimately award.
Since the allegations of abuse first became public, lawmakers have struggled to find agreement on the fate of the former YDC facility, now called the Sununu Youth Services Center. The secure detention center has been operating far below its capacity of 144 teens, prompting some lawmakers to support building a newer, smaller facility able to house around 12 minors in modern accommodations. However, lawmakers in the New Hampshire House and Senate have failed to reach agreement on the replacement, prompting Sununu earlier this year to sign a stopgap billthat delayed the planned closure of the facility.
