Litigation on Behalf of Children in Adult Jails

This article discusses the history of litigation on behalf of children held in adult jails, from the earliest cases in the 1950s until the present. The article traces three phases of this litigation. In addition to covering individual court decisions, the article describes factors contributing to the expansion of jail litigation, including (1) federal statutory developments such as the Juvenile Justice and Delinquency Prevention Act and the Civil Rights Attorneys' Fees Awards Act; (2) developments in case law concerning conditions of confinement, the “right to treatment,” liability of local units of government, availability of punitive damages, and entitlement of successful plaintiffs to attorneys' fees and costs; (3) increased public concern over abuses in jails; (4) availability of substantial damages for abuses of children; and (5) development of specialized legal advocates with expertise in juvenile institutional litigation.