By Kendra Bryant
AFRO Intern
A lawsuit filed by EPW Law PLLC and Bernadette Armand Law PLLC accuses the District of Columbia (D.C.) and the D.C. Department of Youth Rehabilitation Services (DYRS) of neglecting continuous reports of sexual assault against a detained female minor.
“She was assaulted by a guard who was supposed to protect her,” said attorney E. Paige White, founder of EPW Law. “And she’s not the only one. This facility has repeatedly failed to keep children safe.”
The suit names former DYRS officer Kelvin Powell, who was convicted on 16 counts and faces a potential sentence of more than 15 years in prison.
According to the United States Attorney’s Office for the District of Columbia, “Powell was responsible for the care, custody, and control of the juvenile residents being detained at the Youth Services Center (YSC). Between December 2021 through February 2022, Powell used his position and his authority to repeatedly sexually abuse a then-17-year-old minor ward residing at the YSC.”
Surveillance cameras show Powell entering her cell after lockdown and making inappropriate physical contact.
“There is footage of Mr. Powell grabbing her, opening her door at night, going into a room he had no business being in,” White said. “And because of chronic understaffing, he was left alone on the girls’ unit– something that should never happen.”
White met the plaintiff while serving as a public defender for her legal case.
“This was a special client. She was accused of something she had a defense for, and she was ultimately found not guilty,” said White. “What happened to her was awful, and someone needs to be held accountable.”
The teen’s lawyers say her background is similar to that of many youth held in detention centers.
“She had already been through so much. Like many kids in that facility, she came from instability and learned to survive on her own,” said White. “ DYRS is predominantly Black children. I personally have never seen a White child.”
The complaint alleges that other staff members knew of Powell’s conduct but failed to intervene. EPW Law has heard of other clients who sustained injuries while in the department’s care.
“I’ve heard other stories of people who were injured at DYRS. Faces fractured, jaws broken because guards allowed violence to happen,” White said. “It’s a pattern of failing to protect children.”
White and Armand are calling for the implementation of the Prison Rape Elimination Act (PREA), as well as compensatory damages and punitive damages for what happened. They claim their client has received no apology or support from the city.
White said that while her client “doesn’t have any physical bruises or scars to show for it,” her “emotional” trauma is “lifelong.”
The AFRO reached out for comment from the Department of Youth Rehabilitation Services, but did not receive a response to multiple requests for comment. The District of Columbia Executive Office of the Mayor declined to comment.