By Curtis Lum
Advertiser Staff Writer
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A federal lawsuit filed yesterday against officials who run the Hawai'i Youth Correctional Facility alleges that three wards there have been physically and emotionally abused because they are gay or perceived to be gay.
The complaint was filed yesterday afternoon in U.S. District Court by the American Civil Liberties Union on behalf of the three wards. One of the plaintiffs is characterized as a gay female, a second is a male-to-female transgender person, and the third is a male who is perceived to be gay by the HYCF staff, according to the lawsuit.
Named as defendants are Lillian Koller, director of the Department of Human Services; Sharon Agnew, director of the Office of Youth Services; Kaleve Tufono-Iosefa, HYCF administrator; Henry Haina, HYCF investigator; and youth corrections officers Cynthia Hubbell, Phyllis Rosete, Earlene Josiah, Leila Holloway, Mitch Simao, Lawrence Alvaro and Michael Kim.
The plaintiffs say their constitutional rights were violated because of their sexual orientation, and they are seeking an undetermined amount in damages.
Derick Dahilig, Human Services spokesman, said yesterday afternoon that the department had not reviewed the lawsuit and declined to comment.
The lawsuit comes on the heels of a scathing U.S. Department of Justice report released recently that characterized the facility as being in a "state of chaos." The report said conditions at the state's only institution housing juvenile offenders violate their federal constitutional rights.
Justice Department officials said if the issues at HYCF are not resolved, they would file a lawsuit to correct the problems.
The lawsuit describes a series of alleged incidents in which wards have been threatened, harassed and abused by officers and other wards because they are, or are perceived to be, lesbian, gay, bisexual or transgender (LGBT). The lawsuit also accuses HYCF administrators of participating or having knowledge of the practices, but not doing anything to stop them.
"HYCF has an obligation to ensure the safety and well-being of all of the wards that are under its care, including those who are LGBT," said Lois Perrin, ACLU Hawai'i's legal director. "The facility has not only failed at that, but they've created an environment that's down-right dangerous."
The lawsuit describes a "campaign of unrestrained harassment, abuse and other maltreatment" against the three wards. The allegations include:
In addition to the damages, the ACLU is asking that the state adopt policies and procedures at HYCF for the treatment of lesbian, gay, bisexual and transgender youth.
"For the LGBT youth that are being sent to HYCF, it's a brutal and degrading experience," Perrin said. "The government should be taking care of our state's most troubled kids and teaching them how to become fully productive members of our society and community, instead of brutalizing and abusing them."
In August 2003, the ACLU released a critical report containing allegations of rape, brutality and crowding at the facility. The report was critical of the facility's living conditions and programs, as well as the treatment of the wards by some adult guards.
Reach Curtis Lum at culum@honoluluadvertiser.com.
