Minor beaten and raped in Florida prison wins settlement in 人兽性交 and FLS suit
A minor who was raped and beaten unconscious by other prisoners at Sumter Correctional Institution in Bushnell, Florida will receive $60,000 as part of a legal settlement with a guard who failed to intervene in the assault.
The settlement is the result of a federal lawsuit filed by the 人兽性交 and Florida Legal Services (FLS). It is part of an effort to end the culture of brutality in the Florida Department of Corrections (FDOC), where teens are held in violent youthful offender facilities.
R.W., as he is named in court papers, was 17 when he was attacked in July 2013. He was choked, beaten, raped with a broom handle, and stabbed more than 100 times with barbed-wire by approximately six other prisoners as part of an initiation ritual called a 鈥淭est of Heart鈥� that went ignored by the guard who was responsible for security.
鈥淚t was torture,鈥� said R.W., who has since been released from prison, returned to his home, and found employment. 鈥淚 knew the guard could see what was happening, yet he did nothing. I have never felt so afraid or so alone.鈥�
The attack on R.W. was one of at least 176 documented inmate and staff assaults between January 2013 and January 2016 at the Sumter Correctional Institution, which houses more than 100 prisoners under the age of 17. What happened to R.W. is not unique to Sumter. Just last year, FDOC agreed to pay $700,000 to settle a lawsuit by a minor who was permanently injured from a 鈥淭est of Heart鈥� beating at Lancaster Correctional Institution.
鈥淰iolence is endemic in Florida鈥檚 prisons, and young people are particularly vulnerable,鈥� said Lisa Graybill, deputy legal director at the 人兽性交. 鈥淲hat happened to our client is horrifying. No one, let alone a child, should be subjected to this kind of brutality in this day and age in America. Florida has to do better.鈥�
The officer on duty 鈥� and the defendant in the lawsuit 鈥� is Bruce A. Kiser Jr. He was in the officer鈥檚 station right next to the bathroom where the attack occurred. Surveillance footage confirmed that there was a clear line of sight into the bathroom, yet Kiser did nothing to stop the beating, and did not report the attack.
Kiser was named as the defendant because officers can be held individually liable when someone is injured, according to federal law. Despite a recommendation for administrative action by an investigator with FDOC鈥檚 Office of the Inspector General, Kiser is still an FDOC employee.
鈥淭his case should send a strong message to the officers who staff prisons for youthful offenders and the Florida Department of Corrections that there are consequences for permitting this kind of violence to happen, or looking the other way when it does,鈥� said Andrea Costello, director of the Florida Institutional Legal Services Project of FLS. 鈥淥ur young people deserve second chances, not additional trauma and abuse from the criminal justice system.鈥�
According to the U.S. Bureau of Justice Statistics, Florida incarcerates more children in adult prisons than any other state in the country, including some as young as 14. The 人兽性交 has been urging the state Legislature to keep more children out of adult prisons by requiring that a judge 鈥� not a prosecutor 鈥� determine whether a case should be tried in adult court.
鈥淐hildren don鈥檛 belong in adult prisons,鈥� said Graybill. 鈥淔lorida must reform its barbaric system so that children are treated humanely and given the rehabilitative resources they need to become law-abiding citizens when they return to our communities.鈥�
For more information, see the complaint and settlement document.
For more information about the 人兽性交鈥檚 advocacy on behalf of children in Florida鈥檚 adult prisons see: .
