A teenage asylum seeker who had been forcibly separated from his father at the U.S.–Mexico border in 2018 alleges that he was sexually abused at Lincoln Hall, a residential center associated with Catholic Charities of the Archdiocese of New York. As a result, Lincoln Hall may now be associated with the New York Catholic Church sex abuse scandal.

The teen, along with his father, has now filed a lawsuit against the U.S. government, alleging that the son’s so-called “caretakers” used their position to sexually abuse him. The trauma suffered by their family and other families because of the Trump administration’s separation policy is not a “byproduct” of the policy, the lawsuit says, but “the very point.”

“The government sought to inflict extreme emotional distress and other harms in order to deter parents and children from seeking asylum in this country,” the lawsuit alleges.

The father and son traveled to the U.S.–Mexico border in Texas from Guatemala in June 2018, seeking asylum. But they were shortly thereafter forcibly separated by U.S. Customs and Border Protection officers under the Trump administration’s “zero tolerance” policy.

After the separation, the son (identified in the complaint as O.L.C.) was flown to Lincoln Hall in New York state—thousands of miles away from where his father was detained in Texas. Lincoln Hall contracts with the federal government to house unaccompanied minors, the complaint notes.

“For more than a week, Plaintiffs did not even know each other’s whereabouts, much less when—or if—they would see each other again,” the lawsuit alleges. After a month of this separation, government officials told the father (identified as E.L.A. in the suit) that he would soon be reunited with his son, but he was instead taken to an airport and unlawfully deported to Guatemala. O.L.C. remained at Lincoln Hall for nine months while detained in the custody of the Office of Refugee Resettlement.

According to the lawsuit, the 17-year-old boy was shown pornography by male staff members on two occasions while at Lincoln Hall, and a female staff member showed him a naked picture of herself as well.

The teen was kept medicated without parental consent and in isolation for an extended period of time—nearly a month and a half, the complaint added.

The abuse was not limited to these instances of sexual abuse, the lawsuit claims, but also included physical and verbal abuse. On one occasion, the complaint says, “a staff member followed O.L.C. into a bathroom and was alone with him for an extended period of time, during which he suffered what a later report called a ‘groin injury.’”

In one case, one of the alleged incidents of sexual abuse resulted in an incident report being filed within the Catholic Charities organization, clearly naming the staff member as a “perpetrator” and the teen as a “victim.” Despite this internal incident report, Catholic Charities did not then report the incident to either law enforcement or the Department of Justice, the complaint alleges.

The abuse came to an end and the plaintiffs were reunited in March 2019 after court intervention in another case. However, the lawsuit alleges, both plaintiffs continue to suffer due to their months of forced separation, with the teen boy and his father experiencing anxiety and depression.

“The lawsuit is a direct result of one of the most shameful and abhorrent U.S. policies in recent history,” said Matt Adams, legal director for the Northwest Immigrant Rights Project, which represents the plaintiffs. “In demanding accountability for our clients, we seek to ensure that the government’s actions are not simply swept under the carpet and forgotten.”

The lawsuit was filed on multiple counts, including intentional infliction of emotional distress, negligence, and abuse of process. The father and son filed their lawsuit on Oct. 15, 2020, seeking $6 million.

If you or someone you love have suffered from child sexual abuse within a Catholic organization, even if that abuse happened years or even decades ago, you may be able to file a lawsuit and pursue compensation. Of course, filing a class action lawsuit cannot take away the pain and suffering caused by child sexual abuse, but it can at least provide some kind of compensation, as well as help to hold those responsible for this suffering accountable for their actions and inactions.

Filing a lawsuit can be a daunting prospect, especially over something as traumatic as child abuse, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The Sexual Abuse Lawsuit is Case No. 2:20-cv-01524, in the U.S. District Court for the Western District of Washington at Seattle.

This article is not legal advice. It is presented
for informational purposes only.