Mercer County Teen Says Corrections Officer Broke Wrist: Lawsuit

Princeton NJ

10 June, 2022

1:03 PM

Description

MERCER COUNTY, NJ — A Mercer County teen who suffered a broken wrist after being attacked by a correctional officer, has sued the state's Juvenile Justice Commission (JJC), the correctional facility, the superintendent of the facility, and correctional officers. The suit, filed Wednesday in the Superior Court of Mercer County, says that the juvenile was harassed and threatened for reporting the assault. It also alleges that the teen was the victim of excessive force and unusual punishment. The suit claims that authorities did not adequately train or discipline the officers. The teen was assaulted by Lt. Edward Day on Oct. 25, 2020, which left him with a broken list. He was 16 at the time of the attack. During the assault, other officers watched but did not intervene, according to the lawsuit. The Juvenile Medium Security Facility (JMSF), where the teen was lodged, is one of the JJC's secure juvenile facilities, housing around 118 male juveniles. According to the lawsuit, the JJC, the JMSF, and Nnajiofor were aware of the longtime culture of abuse and mistreatment by corrections officers. Post the assault, the teen retained an attorney and an investigation into the incident began. After becoming aware that the AG's office was conducting an investigation, officers harassed, humiliated, threatened and beat the juvenile, according to the lawsuit. They called him a "snitch" and a "rat," and said: "your attorneys can't save you." On one occasion, a correctional officer kicked over a mop bucket the teen was using for work, pushed him into a closet, and beat him, the lawsuit said. Around the time of the teen's release, Superintendent Nnajiofor called him for a private meeting, and warned him against pursuing legal action. Nnajiofor told the teen that if he did not comply, he would face "adverse consequences during the remainder of his time at JMSF, including potential new charges being filed," the lawsuit said. "It's unfortunate that incidents like this are happening to boys at these correctional facilities," the teen's attorney Ernesto Cerimele told Patch. "The complaint speaks for itself." The suit alleges that the JJC, the JMSF and Nnajiofor do not adequately train their corrections officers to prevent the use of excessive force against detainees and did not adequately discipline them. Due to the assault, the teen continues to suffer severe physical, psychological and emotional distress. As a result of the investigation conducted by the AG's office, Day was charged with aggravated assault. In February, he pleaded guilty to using unjustified force to break the wrist of the 16-year-old. On Oct. 25, 2020, Lt. Edward Day and other correctional officers were escorting the teen from his room to another location within the facility. The teen's arms were handcuffed behind his back when Day, without apparent cause or justification, grabbed the boy's ankle from behind, pulled his leg back, and pushed him face-forward to the ground, the Attorney General's office found. Read More: Former NJ Correctional Officer Pleads Guilty To Assaulting Teen Day then grabbed the teen's handcuffed wrists, twisting and breaking one of them, the AG said in the report. Day's plea agreement requires him to give up his state position. He is already considered an inactive employee with the state pending retirement, the attorney general's office had said. Day also will be permanently barred from public office or employment. The teen is seeking compensatory and punitive damages as well as attorney fees. Have a correction or news tip? Email [email protected]