Professional Negligence Law Reporter

In the 1950s, Charles Carroll, eight, needed foster care but allegedly was deemed hard to place. The New Jersey Division of Youth and Family Services and the New Jersey Department of Children and Families placed him in the New Lisbon Developmental Center, a facility for developmentally disabled children and adults, even though he was not developmentally disabled. There, he allegedly was sexually abused by adult staff members and other residents. Approximately five years later, he was transferred to the Edward R. Johnstone Training and Research Center, a facility the state used to rehabilitate juveniles with serious emotional and behavioral disorders. Over the next three years, teachers at the center allegedly subjected Carroll to further sexual abuse. The abuse continued until Carroll was released from state custody at age 16. Carroll suffered trauma as a result of his experience.

As an adult, he sued the state of New Jersey and others under the Child Victims Act, which expanded the statute of limitations for sexual abuse survivors. The plaintiff asserted claims for the agencies’ gross negligence and negligent hiring, retention, and supervision. Among other things, the plaintiff argued that the defendants failed to impose and enforce appropriate standards for the safety and welfare of children in the state’s care and failed to ensure that placement decisions were informed and safe.

The parties settled for $3.5 million.

Citation: Carroll v. N.J. Div. of Child Protection & Permanency, No. MER-L-692-21 (N.J. Super. Ct. Mercer Cnty. May 3, 2024).

Plaintiff counsel: Lara Lovett, New York City; and Jeff Herman and Parker Hall, both of Newark, N.J.