May 15, 2008 5:58 pm US/Eastern
Family Sues Over Teen's Death At Bowling Brook
BALTIMORE (WJZ) ―
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The civil suit is seeking $1 million for every minute that 17-year-old Isaiah Simmons III was restrained at the Bowling Brook Preparatory School January 2007.
CBS
The family of a teenager who died after a confrontation with counselors at a now-closed private school for juvenile offenders in Carroll County has filed a $207 million federal lawsuit.
Suzanne Collins reports Isaiah Simmons' family has filed the lawsuit against the school and the state.
Simmons' family says they are suing the Bowling Brook Preparatory School where he died. They claim his suffocation death was cruel and unusual punishment.
"Today's his birthday, and he would have been 19. They stole possibilities. They stole opportunities. They robbed him of his life," said Danielle Carter, Simmons' sister.
Simmons' relatives say Bowling Brook, which is regulated by the state, was required to provide a safe environment.
Isaiah died while restrained by a number of staff members who held him face down for a long period of time.
Federal charges were dismissed against the employees. The civil suit asks for $207 million.
"One million for each minute Isaiah suffered as a result of the physical restraint that caused his slow, agonizing and excruciating death," said the family's lawyer, Steve Heisler.
Named in the suit is not only the Bowling Brook Preparatory School and individual employees who were involved in the restraint of Simmons, but also the State Department of Juvenile Services.
"He was in a place where he was supposed to be protected, supposed to be taken care of. He was supposed to be safe, and quite contrary, his life was taken," said Carter.
"We also plan to show the state of Maryland knew about the problem prior to the incident and chose to do nothing about it," said Heisler.
The lawsuit claims that a few employees at Bowling Brook were worried about the restraint tactics, and they called two juvenile services employees about it.
The suit says those state workers, "...did not notify their superiors...nor did they conduct...any inquiry of investigation."
"We have to continue not only to cope with living without him but also fighting for justice. Justice which has been denied in this case," said Carter.
The Bowling Brook Preparatory School, which has since closed, could not be reached for comment.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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