Director of the Childcare and Protection Agency (CPA), Ann Greene, together with the Agency, is being sued $25M over their failure to remove a child from the East La Penitence Police Station in December 2020.
The claimant was placed under arrest for a period of five days – December 3-7, 2020 – at the East La Penitence Police Station as part of a narcotics investigation. At the time of her arrest, she was 14 years-old, and despite her age, she was placed in a cell with adult female prisoners. The claimant – the minor – is represented by her biological sister. Attorney-at-Law Eusi Anderson filed the suit on their behalves.
Greene and the CPA are being accused of breaching the statutory duty of care imposed on them by the Childcare and Protection Agency Act 2009, the Juvenile Offenders Act and the Convention on the Rights of the Child.
According to the court documents, it was not until the Chief Justice, Roxane George-Wiltshire ordered that the teen be released into the custody of the CPA, that she was on December 7. Anderson had filed a bail application and habeas corpus proceedings in favor of the application following her detention.
“… between December 3 to December 7, 2020, agents, representatives and officers of the First and Second Named Defendants visited the Claimant at the East La Penitence Police Station. During the bail application and habeas corpus proceedings, the First and Second Named Defendant indicated to the Honorable Chief Justice that they were aware of her detention since December 3, 2020,” the Attorney pointed out.
It was noted that during the detention period, the minor was in a prisoners’ cell with adult female prisoners contrary to the express provisions of law and duties imposed on Greene and the CPA.
“During that time of 3rd – 7th December, 2020, she was subjected to sleeping in an upright position on a wooden chair, sleeping on a mattress and cardboard on cold concrete, sexual predatory advances by other prisoners, being foot cuffed to a wooden chair by her ankles for hours, and infinite pain and trauma,” the Attorney further detailed. CPA’s agents are being accused of witnessing those transgressions except for the sexual advances, and failing to take appropriate actions to protect the rights of the child.
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