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Posted in Torts Blog, Verdicts & Settlements Blog

Settlement in sex abuse case involving juvenile corrections officer

June 12th, 2007 by Amy Gunn

A lawsuit alleging that a corrections officer sexually abused a teen in juvenile custody has been settled for $900,000.

On May 11, 2005, a 14-year-old boy was placed at the St. Clair County Juvenile Detention Center for 30 days after stealing an inexpensive necklace. While at the detention center, the teen was allegedly sexually assaulted on several occasions by Thomas O’Donnell, a corrections officer at the facility.

During the course of his 30-day stay, the teen became withdrawn, angry and confrontational. Three days after he was released from custody the teen told his parents about the abuse.  They reported the abuse to the Illinois Department of Social Services and the St. Clair County Sheriff’s Department. On June 17, 2005, criminal charges of aggravated sexual abuse and official misconduct were filed against O’Donnell.

Through his next friend, the teen filed a civil rights lawsuit in the U.S. District Court for the Southern District of Illinois on Oct. 31, 2005 under 28 U.S.C. Section 1983. The Complaint also included claims for assault and battery; intentional and negligent infliction of emotional distress; and negligent retention and supervision.  The defendants included Thomas P. O’Donnell, in his individual and official capacity, the superintendent of the St. Clair County Juvenile Detention Center and St. Clair County, Illinois among others.

O’Donnell’s personnel file revealed a troubled employment history. On Sept. 22, 2001, the corrections officer was asked to leave Belleville Memorial Hospital after verbally abusing a juvenile he’d brought in for treatment. Despite the Illinois Department of Children and Family Services conclusion that abusive conduct was “indicated,” O’Donnell was not fired from his job.

From Oct. 1, 2003 to Sept. 30, 2004, there were four separate reports that O’Donnell smelled like alcohol while on duty. The detention center’s superintendent spoke to O’Donnell about the problem but he wasn’t fired. It was only after O’Donnell was charged with aggravated sexual abuse that he was finally terminated from his job.

St. Louis lawyer Amy Collignon Gunn of Simon Passanante represented the teen. She says of O’Donnell, “There’s no question in my mind that he should have been fired long before the abuse involving my client was allowed to occur.”

On Feb. 2, 2007, the defendants agreed to settle the case for $900,000. Pursuant to the settlement agreement, the defendants did not admit liability. As of May 2, 2007, the criminal charges against O’Donnell were still pending.

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