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Demanding Justice from the Oregon Youth Authority

For decades, youth in Oregon’s juvenile criminal system have suffered abuse and violations of their civil rights. Everyone deserves to have their rights and autonomy respected, and the Oregon Youth Authority (OYA) must be held accountable for allowing staff misconduct within its walls.

Pacific Northwest-based law firms Levi Merrithew Horst (Oregon) and Schroeter Goldmark & Bender (Washington) have partnered to find witnesses to and survivors of abuse and misconduct committed by staff members within the OYA. 

Our mission is to fight for the rights of those harmed, seek justice, and drive meaningful institutional changes to protect current and future generations of youth.

We represent formerly and currently incarcerated youth in pending cases against the OYA. Our investigation is uncovering a troubling truth—countless survivors may still have claims against the OYA.

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Fighting for those abused or taken advantage of in Oregon’s juvenile detention facilities and residential treatment centers

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Our investigation and filed cases against the OYA have uncovered evidence that abuse of power comes in many forms.

Special Reports published by the U.S. Department of Justice (DOJ) show that allegations of sexual victimization, along with the number of substantiated incidents of sexual victimization, have risen significantly in recent years.

According to the DOJ reports:

  • Juvenile criminal system administrators reported 2,467 allegations of sexual victimization in 2018, an 89% increase from the 1,306 reported in 2013.
  • In 2018, there were 107 allegations of sexual victimization per 1,000 youth in state juvenile facilities and 33.4 per 1,000 youth in local and private juvenile facilities.
  • About half (52%) of allegations of sexual victimizations reported in all
    juvenile facilities from 2013 to 2018 were perpetrated by staff.

Source: Sexual Victimization Reported by Juvenile Justice Authorities, 2013-2018

Know if your rights have been violated during your time in an OYA facility.

We are a team of experienced civil rights attorneys located in Oregon and Washington. We do not work for a government agency, including the OYA or law enforcement. Please be assured that in no way are we investigating wrongdoing by any youth currently or previously housed by the OYA.

We represent individual clients—past and present youth housed by the OYA—whose rights were violated by staff members at OYA facilities. On behalf of these clients, our mission is two-fold: (1) hold the OYA accountable for their failures so that going forward, youth can focus on rehabilitation without being subject to exploitation and harm; and (2) seek compensation for youth who have been injured because of the OYA’s failures.

All communications between our team and a client or potential client are confidential and protected by the attorney-client privilege under the law. That means what you tell us cannot be shared without your permission.

If a staff member at the OYA has had any sexual contact or made sexually inappropriate comments to a youth, past or present, the youth cannot get in trouble for these interactions.

Under the law, a youth can never consent to sexual conduct with staff. 

This means that even if a youth voluntarily participated in sexual conduct with a staff member, the youth is still considered a victim, even if the youth does not feel like a victim. The reason for this is simple—to protect the rights and dignity of incarcerated youth and to prevent abuse and exploitation at the hands of staff.

Our investigation into the OYA has uncovered evidence that abuse of power comes in many forms when it is connected to sexual conduct with staff members. For example, when staff provide extra privileges or contraband, including illegal substances, to youth, that is an abuse of power. When staff threaten to remove youth to the adult prison system or unjustly take away rehabilitation opportunities, that is an abuse of power. We have learned that some youth may not immediately realize their civil rights have been violated because of how often the OYA has failed to keep youth safe and because receiving special attention from staff may feel confusing to an incarcerated youth.

If a youth, past or present, has concerns about getting in trouble, retaliation, or identifying as a victim, then they should have a confidential conversation with one of our attorneys.

The law may allow youth, past or present, to file a lawsuit using a pseudonym or their initials if the youth experienced sexual misconduct. Several of our clients have already filed cases using only their initials. Although we cannot guarantee our clients’ anonymity, we are committed to protecting our clients’ privacy as much as the law allows.

We are also committed to serving clients with a trauma-informed approach that focuses on the client’s needs. We recognize the bravery it takes to come forward to report abuse and seek justice. While protecting our clients’ privacy and autonomy, we strive to guide them through the legal process with transparency and compassion.

There are time limits for when a civil lawsuit must be started. This time limit is known as a statute of limitations. Determining what statute of limitations might apply to these kinds of cases is a complicated legal question. Sometimes, even abuse that occurred years in the past is still actionable, but sometimes it is not. It all depends on the particular circumstances of your case. It is important to speak with an attorney on our team to better understand your rights.

It is common to worry that without tangible evidence, it’s just your word against the OYA. But under the law, your testimony is evidence. Uncovering further evidence is our job and not yours to do alone. Although some of our clients have been victimized by an OYA staff member who was later criminally prosecuted, this is not always the case. A civil claim can be brought against the OYA if the individual staff member who harmed you was never prosecuted, or even if they are incarcerated or deceased. And with our team of attorneys and skilled investigators, we will work to find evidence that strengthens your case.

We serve our clients on a contingency basis. This means that we do not bill a client for our time on an hourly basis, and we pay for the costs of litigation up front. If we recover money on behalf of a client, we receive a percentage of the amount the client receives and are reimbursed for costs incurred during litigation, such as expert fees, depositions, and the like.

Every youth’s case is different, including how much compensation they may be entitled to based on the harm they suffered. Abuse and violations of a youth’s civil rights at the Oregon Youth Authority (OYA) can cause youth to experience emotional and psychological trauma. Such violations can also strip away a youth’s rehabilitation opportunities, causing further suffering. A jury or a court will decide compensation to be awarded to a youth for their suffering and losses. The compensation can include:

  • Economic damages – Intended to cover the monetary costs incurred by the youth, such as medical expenses for physical and psychological treatment, lost wages or earning capacity, and the cost of future care.
  • Non-economic damages – Includes compensation for the physical pain or emotional distress experienced by the youth because of their rights being violated. This type of damages acknowledges the psychological impact of abuse, including such things as PTSD, depression, loss of enjoyment of life, substance abuse, flashbacks, sleep disturbances, trust and relationships issues, and the like.

Although we cannot guarantee individual results, we guarantee that we will zealously fight for all our clients to hold the OYA accountable for their systemic failures in protecting youth.

If a youth has been sexually abused or otherwise had their rights violated, they are not alone. There are many federal, state, and municipal support networks and resources available for youth. These include:

As part of our client and survivor-centered approach, we can recommend appropriate services and resources throughout the case so that our clients can work towards stability and healing.

Our experienced trial attorneys are based in the Pacific Northwest and are well-versed in Oregon and Federal law

We are a team of experienced civil rights attorneys located in Oregon and Washington. We represent individual clients—past and present youth housed by the OYA—whose rights were violated by staff members at OYA facilities.

  • Jesse

    Jesse Merrithew

    Jesse has spent 15 years representing people targeted and harmed by the criminal and juvenile punishment systems. His current practice is 100% dedicated to representing plaintiffs in civil rights cases.

  • Norah

    Norah Van Dusen

    Norah has spent her career fighting for the rights of juveniles in all aspects of the court system.

  • Sara

    Sara Long

    Sara is an attorney at LMH where she represents victims of police misconduct, public accommodation discrimination, and wrongful convictions.

  • Ben

    Ben Gauen

    Ben is a former prosecutor with extensive trial experience, specializing in sexual abuse cases and dedicated to advocating for youth and other vulnerable survivors.

  • Becky

    Becky Roe

    Becky is a tenacious trial attorney with over 35 years of experience, nationally recognized for her relentless advocacy on behalf of crime victims.

  • Chen-Chen

    Chen-Chen Jiang

    With a background in education and juvenile justice work, Chen-Chen is dedicated to serving those who are most often neglected or disadvantaged, with a focus on sexual assault and abuse.

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  • justice-icon

    Experienced trial attorneys in juvenile sexual abuse cases

    We are committed to serving clients with a trauma-informed approach that focuses on the client’s needs. We recognize the bravery it takes to report abuse and seek justice. While protecting our clients’ privacy and autonomy, we strive to guide them through the legal process with transparency and compassion.

  • pacific-northwest-states-icon

    Local Pacific Northwest legal team

    With a local presence, our attorneys are committed to meeting with you whenever and wherever works best for you.

In the news: Sexual abuse cases at Oregon juvenile residential facilities