An Orleans Parish woman filed suit on behalf of her minor daughter and her daughter’s unborn child against a municipality and several administrators, alleging cruel and unusual punishment and severe violation of constitutional rights in the girl’s 2014 alleged rape.

Debra Smallwood filed for minor daughter T.M. and her unborn child against the city of New Orleans, Louisiana; City of New Orleans Youth Study Center (YSC); Mayor Mitchell J. Landrieu; Deputy Mayor Jerry Sneed; Superintendent Glen Holt; Assistant Superintendent Leroy Crawford; Principal Tyrone Casby; and John Does Nos. 1 through 7. The suit was filed in the U.S. District Court of the Eastern District of Louisiana on June 2 and cited unlawful treatment.

The suit states that 16-year-old T.M., who was detained at YSC for alleged juvenile crimes, was forcibly raped on June 2, 2014 and again weeks later by an 18-year-old male resident who overpowered her in a classroom lavatory. An unidentified medical staffer allegedly gave T.M. pills after confirming that she was pregnant; the girl allegedly miscarried four days later. Seven unknown staffers purportedly failed to file a report to the police or state Department of Children and Family Services, or to take the girl to the Children’s Hospital Advocacy Center.

The plaintiff accused the defendants of deliberate indifference and negligence; improper training, policies, supervision and discipline; and irreparable harm to her daughter, including pain, suffering, humiliation and indignity.

Smallwood seeks punitive, compensatory, general, special and exemplary damages plus interest, attorney’s fees, expenses and court costs. She is represented by Jerry Settle of New Orleans.

U.S. District Court of the Eastern District of Louisiana Case 2:15-cv-01887-CJB-MBN

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