Class Action Lawsuit Filed Over Changes to New Hampshire Youth Detention Center Settlement Fund

Background and Context

Lawyers representing hundreds of men and women alleging abuse at New Hampshire’s youth detention center have filed a class action lawsuit. The lawsuit aims to prevent the replacement of the independent administrator of the state’s settlement fund for victims with a political appointee.

The settlement fund was created in 2022 by lawmakers as a victim-centered and trauma-informed alternative to litigation. It was designed to be managed by a neutral administrator appointed by the state Supreme Court, ensuring impartiality and fairness.

Recent Legislative Changes

However, the Republican-led Legislature altered the process through last-minute amendments to the state budget, approved on Thursday and signed into law by Governor Kelly Ayotte on Friday. Key changes include:

1. Granting the governor authority to hire and fire the fund’s administrator.
2. Giving the attorney general veto power over settlement awards.

These provisions will take effect on July 1.

Impact on Victims and Legal Concerns

Lead plaintiffs argue that these changes undermine the original intent of the settlement fund and erode trust in the process. Affidavits filed with the complaint highlight the following concerns:

• Jane Doe, a victim who fled home to escape sexual abuse only to suffer further abuse in state custody, expressed feelings of betrayal and skepticism about confidentiality promises.
• Andrew Foley, diagnosed with PTSD from childhood abuse in state custody, criticized the state’s new authority to determine claim values as unfair and untrustworthy.

Legal and Social Implications Aligned with Sustainable Development Goals (SDGs)

This case highlights critical issues related to the United Nations Sustainable Development Goals, including:

• SDG 3: Good Health and Well-being – Addressing trauma and mental health challenges faced by abuse survivors.
• SDG 16: Peace, Justice, and Strong Institutions – Ensuring justice through impartial legal processes and protecting victims’ rights.
• SDG 5: Gender Equality – Supporting female victims of abuse and promoting safe environments.

Ongoing Legal Actions and Statistics

Since 2020, more than 1,300 individuals have filed lawsuits alleging physical or sexual abuse in state custody, primarily at the Sununu Youth Services Center in Manchester. Key developments include:

• One trial resulted in a $38 million verdict, currently under appeal to reduce it to $475,000.
• Two other cases settled for $10 million and $4.5 million respectively.
• The state has pursued criminal charges against former staff, resulting in two convictions and two mistrials.
• Many victims paused lawsuits to apply to the settlement fund, which caps payouts at $2.5 million.
• As of March 31, 296 cases were settled with an average award of $543,000.

Current Legal Action and Requests

The lawsuit filed on Friday seeks a temporary restraining order to prevent Governor Ayotte from dismissing the current fund administrator, former state Supreme Court Chief Justice John Broderick.

Conclusion

This ongoing legal dispute underscores the importance of transparent, victim-centered approaches in addressing past abuses within state institutions. Upholding the principles of the Sustainable Development Goals is essential to ensure justice, healing, and institutional accountability for survivors.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article discusses issues of justice, abuse in state custody, legal settlements, and governance of the settlement fund, directly relating to SDG 16’s focus on promoting peaceful and inclusive societies, access to justice, and accountable institutions.
2. SDG 3: Good Health and Well-being
   • The article highlights trauma, PTSD, and abuse survivors’ mental health challenges, linking to SDG 3’s goal to ensure healthy lives and promote well-being for all ages.
3. SDG 5: Gender Equality
   • Given the sexual abuse of women and girls in custody, the article touches on gender-based violence, which SDG 5 aims to eliminate.

2. Specific Targets Under Those SDGs Identified

1. SDG 16 Targets
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.
2. SDG 3 Targets
   • Target 3.4: By 2030, reduce by one third premature mortality from non-communicable diseases through prevention and treatment and promote mental health and well-being.
3. SDG 5 Targets
   • Target 5.2: Eliminate all forms of violence against all women and girls in public and private spheres, including trafficking and sexual and other types of exploitation.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicators Related to SDG 16
   • Number of victims compensated through the settlement fund (implied by the statistics on settled cases and average awards).
   • Number of criminal convictions related to abuse cases in state custody.
   • Existence and independence of institutions managing victim compensation (implied by concerns over political appointments).
2. Indicators Related to SDG 3
   • Prevalence of PTSD and other mental health conditions among abuse survivors (implied by personal testimonies).
   • Access to trauma-informed care and victim-centered support services (implied by the description of the settlement fund’s intended approach).
3. Indicators Related to SDG 5
   • Number of reported cases of sexual abuse against women and girls in state custody.
   • Legal outcomes and settlements related to gender-based violence cases.

4. Table of SDGs, Targets and Indicators

Source: abcnews.go.com