Representing Survivors of Sexual Abuse at KMJDF in San Diego County
The juvenile justice system has put hundreds of young people at risk of sexual assault by staff members, including at KMJDF. Our lawyers help young victims file Kearny Mesa Juvenile Detention Facility (KMJDF) sexual abuse lawsuits, even if the assault happened years ago. Contact us today to schedule a free, confidential consultation and learn about your legal rights.
Settlements Recovered by Our Legal Team
$15,000,000 for boys groomed by a coach
$5,000,000 for two men molested by a therapist
$4,000,000 for five boys assaulted by a religious advisor
$1,160,000 for a teen molested at a juvenile hall
About Kearny Mesa Juvenile Detention Facility (KMJDF)
Kearny Mesa is home to the Youth Transition Campus, which opened in 2022. It is a residential facility that serves post-adjudication youth, including girls and boys.
This facility is meant to mimic a college campus, providing minors with the social, educational, and behavioral health support necessary to transition back to everyday life. Residents here can go to school, receive occupational training, and access mental health care.
Services offered include behavioral health treatment, family therapy, substance use treatment, educational and occupational services, and recreational activities like art therapy. Depending on their needs, residents may stay here for 85 days to 12 months. They are separated into different groups based on their specific needs, including separate groups for males and females.
Kearny Mesa Sexual Abuse Allegations
Multiple allegations have been filed against the staff at Kearny Mesa and other juvenile halls throughout San Diego.
The San Diego Union-Tribune investigated sexual misconduct complaints, including one instance of a 16-year-old girl who was assaulted by a probation officer. She stated that the trauma contributed to postpartum depression and triggered a later miscarriage.
Four male plaintiffs filed a complaint alleging that they were stripped naked by officers, who then forced them to perform sex acts or fondled them.
Another, who was just 13 when the assault occurred, was lured into an empty unit, then raped by a male officer. Countless others state they were fondled, forced to engage in oral sex, or given psychiatric medication so they could be assaulted.
Kearny Mesa created an environment where residents felt they were not able to speak up against the adults hurting them. The victims’ reports were ignored, and officers accused of inappropriate behavior were not fired or disciplined. Those who did share their concerns were threatened with violence, longer sentences, or even death.
One female victim stated, “The girls started questioning whether anyone really cared about the things that we have to share or say, and it just kind of became part of the culture — ‘This is allowed here.’”
Numerous lawsuits have been filed for issues dating back to the 1970s. Some of the victims were as young as 11 years old, and all allege that the center did nothing to help them.
Incident reports from 2021, before Kearny Mesa reopened as Youth Transition Campus, also demonstrate a consistent lack of concern. Individuals were placed in solitary confinement for an average of three and a half days, and there were 10 suicide attempts in 2020. This suggests that Kearny Mesa failed to support its residents struggling with major mental health issues.
Since becoming the Youth Transition Campus, the facility has also dealt with significant issues, including housing young women of all ages together. This situation can result in molestation or grooming, particularly if male staff are present.
How Our Legal Team Can Help Victims of KMJDF Sexual Assault
The Injury Lawyer Team is here to support survivors who wish to seek compensation from Kearny Mesa or the San Diego County Probation Department (SDCPD). We have successfully litigated cases against the justice system, including $1,160,000 for one teenager who was mistreated at a juvenile hall.
Our compassionate and trauma-informed attorneys will gather evidence, file claims, negotiate with the relevant insurance agency, and represent you at trial if negotiations fail. We will guide you through all elements of taking legal action for sexual abuse at a San Diego juvenile detention center, always prioritizing your well-being.
We can help you file claims against facilities such as:
Filing a Claim for Abuse at Kearny Mesa Juvenile Detention Facility (KMJDF)
Unfortunately, youth are vulnerable to victimization by many parties while in juvenile detention. This includes staff, officers, guards, medical personnel, and mental health professionals. Sometimes, other residents may be responsible for sexual assault, harassment, or hazing. Kearny Mesa could be held accountable if it did not provide adequate supervision or intervene.
Victims often struggle to come forward due to fear of retaliation or shame. However, we will ensure your story is kept confidential and protect you from any retaliation throughout the process. We can also connect you to resources to help you heal.
Filing a lawsuit involves the following steps:
Free Consultation—Once you call us, we will discuss what happened, including where it occurred and who was involved. This will help us decide whether we think you have a valid case.
Gathering Details—We will begin reviewing personnel files, surveillance footage, inspections, and medical records. Additionally, we’ll interview potential witnesses and others who may have been involved to learn more about what happened.
Evaluating Damages – Through our investigation, we will determine how much your case may be worth.
Filing a Complaint – This legally informs the other parties that we will be pursuing a case.
Negotiation – During negotiations, we work with the other parties to share information and identify how much you should receive. In many cases, we do not need to go to trial and instead will settle with the insurance company.
Trial Representation—If we are not able to reach an agreement with the other party, we will represent you at trial in front of a judge and jury, sharing the circumstances of your injuries.
California Child Victims Act and Statute of Limitations
The California Child Victims Act was passed in 2019 and expands the deadline to file until the victim is 40 years old. There is also a 5-year delayed discovery rule, meaning that the victim has up to 5 years to file after they would reasonably have discovered that they were assaulted.
This delayed discovery rule is important because not every survivor immediately recognizes that what happened to them was inappropriate. Younger detainees have often been exposed to abuse prior to offending, which may have made it difficult to determine what is and is not appropriate behavior.
Additionally, this law allows for triple punitive damages if any organization or individual attempts to cover up the assault. A jury awards these damages to punish the individual or organization, and they are separate from economic or non-economic damages. You will not be awarded these damages if your case is settled with insurance.
Holding KMJDF and San Diego County Legally Accountable
We will determine all potential parties to your lawsuit, which can include the following:
The Perpetrator—The individual responsible is typically the first defendant. They can be held liable for exploiting their authority and for the psychological harm caused by their actions.
Facility Operator—Kearny Mesa itself can be held accountable for neglect, including negligent supervision and training. They have a responsibility to follow up on any issues and properly investigate every officer’s conduct.
San Diego County Probation Department (SDCPD)—In California, counties are responsible for juvenile halls rather than the state itself. This means that the county bears the responsibility for overseeing and managing facilities, and it can be held liable if it does not provide adequate oversight.
Juvenile Justice Commission (JJC)—The JJC performs annual reviews of all facilities and should identify issues by interviewing inmates. If it fails to do this, it can be liable. Unfortunately, during the COVID-19 pandemic, the JJC did not interview residents, which means it may have missed signs of sexual misconduct.
Contractors and Other Service Providers – In addition to officers, Kearny Mesa had teachers, chaplains, therapists, and other staff who provided services. If these external organizations did not investigate concerns or fire their employees after alleged misconduct, they may also be liable.
Eligibility for Filing a Lawsuit
Your case must be related to harm you suffered at Kearny Mesa, and the perpetrator must have been a sworn officer, guard, or affiliated worker. For example, if you were assaulted by a probation officer while detained at KMJDF, you could file a lawsuit.
There must be a preponderance of information that supports your case. This can be difficult, especially if the assault happened years ago. Our team will gather as much information as possible to demonstrate that you have reasonable cause to pursue damages.
Even if the perpetrator died, you can still seek damages from their estate or from other parties who may have known about what happened. You also do not have to file criminal charges against the perpetrator. The criminal and civil systems are separate. While pressing charges may help support your claim, it’s not necessary.
Types of Compensation Available
You may receive a variety of damages from your case. This includes both economic and non-economic damages.
Economic damages compensate you for the hard financial losses you suffered or may suffer in the future. These include:
Medical bills
Psychological care
Therapy
Mental health treatment
Loss of income
Loss of future wages
Non-economic damages consider the social and emotional impact of what happened to you. These can include:
Emotional distress and trauma
Pain and suffering
Loss of enjoyment of life
If your case goes to trial, a jury may also award punitive damages. These are meant to punish the perpetrator, ensure they do not reoffend, and encourage other survivors to come forward. In California, you can be awarded three times the amount of other damages in punitive damages.
What Impacts Your Settlement Amount?
Our San Diego sexual abuse lawyers will fight hard to ensure you receive all possible damages. However, there is no agreed-upon sum that you may be awarded, as every case is a little different. Many factors determine what you may receive, including the following.
Severity of Harm – Those who are left with serious physical or emotional injuries may receive more. For example, if you contracted a permanent sexually transmitted infection, this could factor into how much you receive. If the perpetrator was violent or the attack lasted hours, this will also be considered.
Type of Harm – Cases that involve penetration will receive more than those that involve only sexual harassment.
Frequency and Duration – If the molestation was long-term or happened on a regular basis, you may receive more than if it only happened once.
Supporting Documentation—The more information you can provide, the stronger your case. Good information includes medical records, documented complaints, police reports, photos or videos of the injuries, and witness testimony. We will also work with mental health experts who can testify about how this attack has impacted you.
Negligence or Cover-Ups—We must be able to show that other parties were negligent, such as failing to supervise employees or hiring individuals with a criminal background. If there was a cover-up, you may be eligible for triple the damages.
Long-Term Effects – Sexual assault can lead to long-term trauma, including Post-Traumatic Stress Disorder (PTSD), anxiety, and difficulty sustaining relationships. Additionally, the trauma can make it hard for victims to finish their studies or obtain employment. These impacts should be considered when determining how much you can receive.
We will thoroughly investigate your case and evaluate your damages, using previous cases to inform how much you could receive.
FAQs
What if I want to switch lawyers? Can I change legal representation during my case?
You are legally allowed to change lawyers at any time. However, this may cause delays in your case, as your legal team will need to share information with your new lawyer.
If you choose to change lawyers within our firm, we will ensure that everyone gets the proper information and help you transition to a different law firm if necessary.
How soon can I expect to receive compensation after filing a claim?
After filing a claim, our team will negotiate with the relevant parties to obtain an offer. Depending on the complexity of the case and the amount of information available, this can take anywhere from a few weeks to a few months or more.
If all parties agree on a fair sum, you will sign an agreement. After that, the responsible party has to pay you within a reasonable timeframe, typically between 30 and 45 days. If they fail to pay within this timeframe, you can take them back to court to demand that they honor their obligation.
Speak With a Sexual Abuse Lawyer Today
No one should ever fear that they may be assaulted or harmed, especially by an authority figure. The Injury Lawyer Team fights hard for survivors, ensuring they receive fair compensation for the injuries they have suffered. Our California sexual abuse lawyers work on a contingency fee basis, meaning you owe us nothing unless we win your case. To schedule a free consultation with our compassionate legal team, call us at 866-757-6452 or use our online contact form.
