BALTIMORE (AP) — A federal lawsuit could open a new chapter in an escalating legal battle in Maryland, where officials are struggling to address an unexpected onslaught of claims alleging child sexual abuse in state-run juvenile detention facilities.
With thousands of similar claims already pending in state court, the litigation has raised questions about how Maryland will handle the potential financial liability.
The new federal suit, filed Wednesday on behalf of three plaintiffs, seeks $300 million in damages — an amount that far exceeds caps imposed on claims filed in state court. It alleges Maryland juvenile justice leaders knew about a culture of abuse inside youth detention facilities and failed to address it, violating the plaintiffs’ civil rights.
Messages seeking comment were left Thursday with the state’s Department of Juvenile Services and the Maryland Office of the Attorney General. The department generally doesn’t comment on pending litigation.
An estimated 11,000 plaintiffs have sued in state court, according to the attorneys involved. Maryland Senate President Bill Ferguson said Wednesday that he believes negotiations for a potential settlement are ongoing between attorneys for the plaintiffs and the attorney general’s office. Officials have said the state is facing a potential liability between $3 billion and $4 billion.
Lawsuits started pouring in after a state law passed in 2023 eliminated the statute of limitations for child sexual abuse claims in Maryland. The change came in the immediate aftermath of a scathing investigative report that revealed widespread abuse within the Archdiocese of Baltimore. It prompted the archdiocese to file for bankruptcy to protect its assets.
But Maryland leaders didn’t anticipate they’d be facing similar budgetary concerns because of claims against the state’s juvenile justice system.
Facing a potentially enormous payout, lawmakers recently passed an amendment to limit future liabilities. The new law reduces caps on settlements from $890,000 to $400,000 for cases filed after May 31 against state institutions, and from $1.5 million to $700,000 for private institutions. It allows each claimant to receive only one payment, instead of being able to collect for each act of abuse.
Suing in federal court allows plaintiffs to sidestep those limits.
“Despite Maryland’s recent unconstitutional legislative efforts to insulate itself from liability for the horrific sexual brutalization of children in its custody, Maryland cannot run from liability under Federal law,” plaintiffs’ attorney Corey Stern said in a statement. “The United States Constitution was created for all of us, knowing that some would need protection from the tyranny of their political leaders.”
The three plaintiffs in the federal case allege they were sexually abused by staff at two juvenile detention centers. While other lawsuits have mainly presented allegations of abuse occurring decades ago, the federal complaint focuses on events alleged to have happened in 2019 and 2020. The plaintiffs were 14 and 15 years old.
The victims feared their sentences would be extended if they spoke out, according to the complaint. They accuse state officials of turning a blind eye to a “culture of sexual brutalization and abuse.”
Stern said he anticipates more federal claims will be forthcoming.