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ACLU lawsuit accuses prison guards of harassing gay inmates
Three teenagers say officials allowed anti-gay atmosphere at youth facility
Published Thursday, 08-Sep-2005 in issue 924
HONOLULU (AP) – The American Civil Liberties Union has filed a lawsuit accusing guards at the troubled Hawaii Youth Correctional Facility of harassing and discriminating against inmates because of their sexual orientation.
The federal civil rights lawsuit was filed against the state on behalf of three teenage prisoners who said prison officials allowed an atmosphere of harassment, humiliation and fear for lesbian, gay and transgender inmates, the ACLU said.
Lois Perrin, the ACLU of Hawaii’s legal director, said the youth prison is supposed to treat all inmates equally and help them make positive changes in their lives.
“But for the [gay and lesbian] youth being sent there is a brutal and degrading experience,” Perrin said. “The government should take care of our state’s most troubled youth and teach them how to be productive citizens, not brutalize and abuse them.”
First Deputy Attorney General Lisa Ginoza said the state is concerned by the allegations and will address them regardless of the lawsuit’s outcome.
“From a legal standpoint, it’s entirely unclear that the plaintiffs have a legal basis to pursue the lawsuit,” she said.
Some of the allegations in the suit include humiliating remarks made by the guards and failing to protect a male-to-female transgender prisoner from other inmates. The lawsuit also alleges a prison administrator told a lesbian couple that their relationship was “disgusting” and required the other wards to create a list of rules for the couple.
Tamara Lange, an attorney with the ACLU’s national Lesbian and Gay Rights Project, said the youth prison not only failed to protect the young people in its care, but “has created an environment that is downright dangerous.”
The lawsuit, filed in U.S. District Court, seeks to have the court force the facility to establish policies, procedures and training to prevent further civil rights violations.
“I’m disappointed to see the ACLU file the suit. We realize the issue is very important but we would prefer to work with them on the issues rather than settle in court,” said Sharon Agnew, executive director of the state Office of Youth Services.
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