The family of an East Baltimore teen who died after counselors restrained him at a Carroll County school for juvenile offenders filed a $207 million federal civil rights lawsuit Thursday against the state, the privately-run school and counselors there.
Counselors at the state-licensed Bowling Brook Preparatory School in Keymar sat on Isaiah Simmons III and restrained him face-down for nearly three hours in January 2007. They did not call 911 until 41 minutes after the 17-year-old had stopped breathing.
“Living without him is almost unreal at times because he was at a place where he was supposed to be protected,” said Danielle Carter, Simmons? sister.
“They stole possibilities. They stole opportunities. They stole his life.”
Simmons had been placed at the now-closed school after he was convicted of armed robbery.
A state medical examiner ruled the death a homicide, but a grand jury indicted six counselors on misdemeanor reckless endangerment charges, which a judge dismissed.
Simmons would have turned 19 Thursday. To commemorate his birthday, his family, including his 3-year-old daughter, Shaykia Simmons, visited his grave.
The lawsuit demands $1 million for every minute Simmons suffered and alleges that even though several nurses complained in the months leading up to Simmons? death that the restraint technique used was unsafe, officials did not conduct an investigation.
The “excessive” force resulted in Simmons? “gradual, painful suffocation death” and violated constitutional protection from cruel and unusual punishment, according to the lawsuit.
Carroll Circuit Court Judge Michael Galloway dismissed the criminal charges against the counselors earlier this year, ruling that reckless endangerment does not include actions not taken, such as the failure to call 911.
The state appealed the case to the Court of Special Appeals, but it may not go to trial until almost two years after Simmons?s death.
“This incident simply should never have happened and should never happen again,” said Steven Heisler, the family?s attorney.
He said the case could be heard in U.S. District Court by the end of the year.
