By WILLIAM R. LEVESQUE
Published September 24, 2003
CLEARWATER - A former counselor at the Florida Youth Academy is accused of inadvertently breaking the arm of a 16-year-old girl while trying to discipline her, according to a lawsuit.
The lawsuit, filed in the Pinellas-Pasco Circuit Court, is the latest one aimed at an employee of the Largo facility. Three former employees have faced criminal charges since 2000 for improper behavior with youths in the program.
The private, for-profit operation receives funding from the state Department of Juvenile Justice to provide residential treatment to troubled youths up to age 18.
The lawsuit filed earlier this month against the academy said that counselor Kenyatta Davis broke the arm of 16-year-old Frances Stark of Homestead while trying to discipline her in May 2002. The suit said that Davis, who also is named as a defendant, used excessive force.
Scott Pestcoe, a Fort Lauderdale attorney representing Stark, said on Tuesday that the academy then provided inadequate medical treatment for Stark, which resulted in her arm not being set by a doctor.
Robert Tucker, executive director of the academy, said he knew nothing of the incident and declined to comment.
Davis, 24, who no longer works for the academy, could not be reached for comment.
A report of the incident to the Department of Juvenile Justice said Stark did not allege any form of abuse by Davis, and the matter was not referred to police. The report said Stark fell while Davis escorted her to a detention area. It said he maintained his grip even as she fell.
That description differs from one offered by Stark.
Pestcoe said Stark had been instructed to sit on the floor with her legs crossed. But he said she could not do that because of an injury to her knee. Davis then told the her stand, the lawyer said. After she would not stand still, Pestcoe said, Davis grabbed her arms and brought them behind her back and twisted, breaking the humerus bone in her upper arm.
"That's a big bone," Pestcoe said. "We're not talking about a hairline fracture. It was a displaced fracture. He would have had to use substantial force."
Pestcoe said the girl had been sent to the facility voluntarily by her mother, Tracy Stark, because of behavior problems related to a bipolar disorder. Stark could not be reached for comment.
Last month, Freddie Crayton, a former program technician at the academy, was found guilty for sex crimes against teenagers in his custodial care. Crayton, faces 14 to 45 years in prison.
Two academy employees also were arrested in March in connection with the beating of a 16-year-old female client. One employee has been sentenced to probation while the other is awaiting trial. Both men were fired.
- Times researcher Caryn Baird contributed to this report.
