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Copyright 2008 Spokesman-Review

 Distributed by McClatchy-Tribune Business News

 May 8, 2008 Thursday

SECTION: STATE AND REGIONAL NEWS

ACC-NO: 20080508-SR-Ex-foster-child-files-lawsuit-0508

LENGTH: 650 words

BYLINE: Alison Boggs, The Spokesman-Review, Spokane, Wash.

BODY: 

May 8--A Spokane man who says he was repeatedly sexually abused as a child in state foster care during the 1970s is suing the Washington Department of Social and Health Services, the state Department of Corrections and Spokane County for placing him with a convicted child molester.

Attorneys for Michael P. Smith, who was the subject of a Spokesman-Review series in September 2006, filed the lawsuit Wednesday in Spokane County Superior Court. Though the suit makes no specific monetary claim for damages, a separate tort claim estimates damages at $31 million because of permanent, debilitating psychological and emotional problems and Smith's inability to function in social settings, which makes him unemployable.

"The negligence is absolutely ridiculous," said Smith's attorney, William Gilbert. "The abuse was so extreme and outrageous. I've never seen anything like it."

Kristin Alexander, a spokeswoman for the state attorney general's office, said the agency couldn't comment on the case because it had not been assigned to an attorney. Spokane County attorneys also declined to comment, through spokeswoman Martha Lou Wheatley-Billeter, saying they hadn't seen the case.

At age 11, Smith was placed into the care of foster parent Gerald "Jerry" Duane Allen, a convicted sex offender who had been diagnosed by Department of Corrections psychiatric staff as a sexual psychopath, the lawsuit says.

Smith landed in the care of DSHS after a juvenile court charge of petty theft. He spent a short period of time at Morning Star Boys' Ranch and then was placed with Allen, who had been licensed by the state as a foster parent. He remained in Allen's care until he turned 18.

"During the time that Michael was a ward of the State of Washington under the supervision and care of licensed foster parent, Jerry Allen, Michael was severely and maliciously abused. He was raped, sodomized, physically assaulted and mentally abused over and over and over again," the lawsuit says.

DSHS is liable, the lawsuit says, because it issued a foster care license to a convicted sexual predator and diagnosed sexual psychopath; failed to conduct a preplacement investigation before placing Smith with Allen; failed to properly supervise Allen; and failed to protect Smith, a ward of the state, from a known child molester.

The lawsuit says the Department of Corrections' liability stems from allowing Allen to change a plea to not guilty following seven years of supervised probation related to charges of molesting children. Allen was sent to Eastern State Hospital, the region's psychiatric hospital, in 1963, following charges that he molested a 10-year-old boy, news reports show.

When released from probation in 1970, Allen requested that his guilty plea be changed to not guilty, a move allowed by the judge because of the report provided by the probation and parole officer, the lawsuit says. A lack of investigation by that probation and parole officer paved the way for Allen to molest more children, the suit alleges. "As a result, the court relinquished its limited control over Jerry Allen and he was free once again to molest little boys -- which he did," the suit says.

Spokane County juvenile probation officers participated in all court hearings involving Smith's placement with Allen, the suit says. The officers also monitored Smith throughout the time he lived with Allen and had a legal responsibility to investigate Smith's case and protect his interests, the suit says.

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LOAD-DATE: May 8, 2008