Excerpt from the aforementioned
Lawsuit (PDF):
FACTUAL BACKGROUND
A. ACTION OF DEFENDANTS COMMON TO ALL COUNTS
28. From in or about June 2000, the exact date being unknown to the Plaintiff, to on or about April 30, 2007, in the Middle District of Pennsylvania and elsewhere, Defendants, while acting under color of law, engaged in a pattern and practice to conspire, cooperate, scheme, engage in racketeering activity, violate, and willfully subject the Plaintiff and the class to a violation of civil rights. Additionally, Defendants aided and abetted each other and by other persons known and unknown, devised and intended to devise a material scheme and artifice to defraud the juveniles of the Commonwealth of Pennsylvania and the Judiciary of the Commonwealth of Pennsylvania and to deprive those juveniles of their right to the honest services of CONAHAN and CIAVARELLA, as judges of the Court of Common Pleas for Luzerne County, performed free from deceit, favoritism, bias, self-enrichment, self-dealing, concealment, and conflict of interest, and within their fiduciary duty.
29. In furtherance of the scheme and artifice to defraud, Defendants CONAHAN, and CIAVARELLA, abused their positions as judges of the Court of Common Pleas for Luzerne County by accepting compensation from Defendants PACC, WPACC, MERICLE, MERICLE CONSTRUCTION, ZAPPALA, PINNACLE, BEVERAGE, VISION, and DOE.
30. Between approximately June of 2000 and January 1, 2007, Defendants CONAHAN and CIAVARELLA abused their positions and violated the fiduciary duty they owed to the minor Plaintiff and the class and citizens of the Commonwealth of Pennsylvania and to the Judiciary of the Commonwealth of Pennsylvania by secretly deriving more than $2,600,000 in income, in addition to the compensation to which they were lawfully entitled, in exchange for official actions and anticipated official actions.
31. The actions from which they derived improper income included, but were not limited to: entering into agreements guaranteeing placement of juvenile offenders with Defendant PACC; taking official action to remove funding from the Luzerne County budget for the Luzerne County juvenile detention facility; facilitating the construction of juvenile detention facilities and an expansion to one of those facilities by Defendants PACC and WPACC; directing that juvenile offenders be lodged at juvenile detention facilities operated by Defendants PACC and WPACC; summarily granting motions to seal the record and for injunctive relief in a civil case related to Defendant PACC; and, through their actions, assisting Defendants PACC and WPACC to secure agreements with Luzerne County worth tens of millions of dollars for the placement of juvenile offenders, including an agreement in late 2004 worth approximately $58,000,000.
32. The Defendants together employed a number of schemes in an attempt to hide the transfer of the income forwarded to CONAHAN and CIAVARELLA, including, but not limited to, causing income to pass through intermediaries including but not limited to some of the defendants herein, and causing false records to be created.
33. The United States Attorney's filing on January 26, 2009, of a bill of information alleging two counts of fraud against Mark A. Ciavarella, Jr., then President Judge in Luzerne County, and former President Judge Michael T. Conahan, also of Luzerne County, United States of America v. Michael T. Conahan and Mark A. Ciavarella, Jr., No. 3:09-LR-028, United States District Court for the Middle District of Pennsylvania. The bill of information, to which both judges have already agreed to plead guilty and serve more than seven years in federal prison, describes, inter alia, a conspiracy among the judges and other unnamed parties believed and averred to be Defendants and others as yet unknown to conceal $2.6 million in payments to the judges from Defendants and others as yet unknown in exchange for referring children who appeared before Defendant CIAVARELLA to these juvenile correctional facilities.
34. It is believed and therefore averred that Defendants one and all participated in a scheme to ensure that a disproportionate number of juveniles, such as Plaintiff and those similarly situated, were incarcerated in juvenile detention facilities owned, operated, and influenced by Defendants.
35. It is believed and therefore averred that Defendants schemed to deprive children, including Plaintiff and those similarly situated, of their constitutional rights.
36. Defendants one and all participated in the payment of approximately $2.6 million to Defendants CONAHAN and CIAVARELLA in exchange for their influence over Plaintiff and those similarly situated and to disproportionately sentence juveniles in Luzerne County to detention prior to delinquency determinations and after delinquency determinations.
37. The collective actions of Defendants were considered sufficiently suspect for the Pennsylvania Supreme Court to exercise King's Bench Power to appoint a receiving judge to review all juvenile matters in Luzerne County from 2003 until 2008.
38. It is believed and therefore averred that in approximately June of 2000, Defendant CIAVARELLA, whose duties then included presiding over juvenile proceedings as a judge of the Court of Common Pleas for Luzerne County, had discussions regarding who was interested in constructing a juvenile detention facility in Luzerne County. Defendant CIAVARELLA was introduced to a contractor, Defendant MERICLE, who was a friend of Defendant CIAVARELLA, for the purpose of locating land for the juvenile facility and for constructing the facility.
39. It is believed and therefore averred that Defendants POWELL and ZAPPALA, doing business as Defendant PACC, acquired land in Luzerne County and entered into an agreement with Defendant MERICLE to construct a juvenile detention center to be operated by Defendant PACC.
40. On or about January 29, 2002, Defendant CONAHAN, acting in his capacity as President Judge of Luzerne County and under the color of law, surreptitiously signed a "Placement Guarantee Agreement" between PACC and the Court of Common Pleas for Luzerne County to house juvenile offenders at the PACC facility. The "Placement Guarantee Agreement" provided that the Court of Common Pleas for Luzerne County would pay PACC the annual "Rental Installment" sum of $1,314,000 and stipulated that "[t]he obligation of the Court to make payment of the Rental Installments shall be absolute and unconditional."
41. In or about December 2002, Defendant CONAHAN, acting in his capacity as President Judge of Luzerne County, took official action to remove funding from the Luzerne County budget for the Luzerne County juvenile detention facility.
42. In or before January of 2003, Defendant CONAHAN and Defendant CIAVARELLA arranged to receive a payment in the amount of $997,600 in connection with the roles they played as judges in accomplishing the construction of Defendant PACC juvenile detention facility.
43. In order to conceal the $997,600 payment to Defendants CONAHAN and CIAVARELLA, POWELL and MERICLE signed a written "Registration and Commission Agreement" prepared by MERICLE and backdated to February 19, 2002, which purported to be an agreement for MERICLE to pay a broker's fee of $997,600 to POWELL. In fact, however, a large portion of the money was intended to be paid to Defendants CONAHAN and CIAVARELLA.
44. Defendants CONAHAN and CIAVARELLA engaged in a series of financial transactions, over time, designed to conceal the $997,600 payment made to them. On January 21, 2003, $610,000 was wire-transferred by Defendant MERICLE to an attorney trust account of an attorney, namely Defendant DOE. The remaining $387,600 was wire- transferred by Defendant MERICLE to a bank account under the control of POWELL.
45. Thereafter, on January 28, 2003, the $610,000 in the DOE attorney trust account was wire-transferred to a bank account of Defendant BEVERAGE, a business entity controlled by Defendant CONAHAN.
46. In a series of financial transactions thereafter, a portion of the $610,000 payment was passed from Defendant CONAHAN to Defendant CIAVARELLA; for example, on or about January 28, 2003, Defendant CONAHAN directed that $330,000 of the $610,000 be wire-transferred to a bank account controlled by Defendant CIAVARELLA; on or about April 30, 2003, Defendant CONAHAN directed that an additional $75,000 of the $610,000 be wire-transferred to a bank account controlled by Defendant CIAVARELLA; on or about July 15, 2003, Defendant CONAHAN directed that an additional $75,000 of the $610,000 be wire-transferred to a bank account under the control of Defendant CIAVARELLA; on or about August 13, 2003, Defendant CONAHAN directed that an additional $25,000 of the $610,000 be wire-transferred to a bank account under the control of a third party; and on or about August 20, 2003, Defendant CONAHAN directed that an additional $105,000 of the $610,000 be transferred to a bank account under the control of Defendant CONAHAN.
47. To conceal the payments to Defendants CONAHAN and CIAVARELLA, Defendant CONAHAN directed that false entries be made in the books and records of Defendant BEVERAGE.
48. To further conceal the $997,600 payment made to Defendants CONAHAN and CIAVARELLA, a portion of the $387,600 wire transfer made by Defendant MERICLE to POWELL on January 28, 2003, was paid to Defendants CONAHAN and CIAVARELLA in a series of financial transactions which occurred over time. One of those transactions occurred on or about August 29, 2003, when a check in the amount of $326,000, drawn on a bank account under the control of Defendant POWELL, was deposited into a bank account maintained in the name of another person but under the control of Defendant CONAHAN.
49. Due to the success of the juvenile detention facility operated in Luzerne County, Defendants POWELL and ZAPPALA and his partner, doing business as Defendant WPACC, constructed a juvenile detention facility in western Pennsylvania. Defendant MERICLE, the same contractor who built the facility in Luzerne County, was employed to construct the WPACC facility. In July of 2005, upon completion of construction, a $1,000,000 payment was made to Defendants CONAHAN and CIAVARELLA by POWELL. To conceal the payment, it was made to Defendant PINNACLE, a business entity owned by other persons but controlled by Defendants CONAHAN and CIAVARELLA.
50. In order to conceal the payment to Defendants CONAHAN and CIAVARELLA, POWELL and MERICLE signed a written "Registration and Commission Agreement" prepared by MERICLE, which purported to be an agreement for MERICLE to pay a broker's fee of $1,000,000 to POWELL. In fact, however, the money was wire-transferred by MERICLE to a bank account of PINNACLE, a business entity owned by other persons but controlled by CONAHAN and CIAVARELLA.
51. It is believed and therefore averred that Defendant POWELL and his partner, Defendant ZAPALLA, doing business as PACC, constructed an addition to the juvenile detention facility in Luzerne County. Defendant MERICLE CONSTRUCTION, the same contractor who built the facility, was employed to complete the expansion project and, in February of 2006, upon completion of construction of the addition, a $150,000 payment was made to Defendants CONAHAN and CIAVARELLA. To conceal the payment, it was made to Defendant PINNACLE, a business entity owned by other persons but controlled by Defendants CONAHAN and CIAVARELLA.
52. In order to conceal the payment to Defendants CONAHAN and CIAVARELLA, Defendants POWELL and MERICLE signed a written "Registration and Commission Agreement" prepared by Defendant MERICLE. which purported to be an agreement for the MERICLE to pay a broker's fee of $150,000 to POWELL. In fact, however, the money was wire-transferred by MERICLE to a bank account of Defendant PINNACLE, a business entity owned by other persons but controlled by Defendants CONAHAN and CIAVARELLA.
53. In approximately February of 2003, when construction of the PACC juvenile detention facility was completed, Defendant CIAVARELLA, in his capacity as a juvenile court judge, began directing that youthful offenders be sent to that facility. Between approximately February of 2003 and January 1, 2007, Defendants CONAHAN and CIAVARELLA received from POWELL hundreds of thousands of dollars in payments for their past and future official actions relating to PACC and WPACC and took steps to conceal and disguise the nature, location, source, ownership, and control of the money paid by POWELL.
54. Some of the payments were made by checks drawn on one or more bank accounts under the control of Defendant POWELL and were made payable to Defendant PINNACLE. The payments included, but were not necessarily limited to, the following:
$18,000 paid on or about January 13, 2004;
$52,000 paid on or about January 13, 2004;
$78,000 paid on or about February 15, 2004;
$75,000 paid on or about February 15, 2004;
$47,000 paid on or about February 15, 2004;
$75,000 paid on or about April 30, 2004; and
$25,000 paid on or about April 30, 2004.
55. To conceal the payments to Defendants CONAHAN and CIAVARELLA, Defendant POWELL made false notations on the checks and Defendants CONAHAN and CIAVARELLA directed that false entries be made in the books and records of Defendant PINNACLE.
56. In addition to payments by check, some of the payments were made by wire transfers made from one or more bank accounts under the control of Defendant POWELL and were transferred to an account under the control of the Defendant PINNACLE. The payments included, but were not necessarily limited to, the following: $120,000 transferred on July 12, 2004; and $100,000 transferred on September 23, 2004.
57. In order to conceal the more than $2,600,000 in unlawful payments they received, Defendants CONAHAN and CIAVARELLA knowingly and intentionally filed materially false annual statements of financial interests with the Administrative Office of the Pennsylvania Courts in which they failed to disclose the source of these payments and in which they failed to disclose their financial relationship with Defendants POWELL, MERICLE, MERICLE CONSTRUCTION, PACC, and WPACC, all of which were material matters.
58. At all times material to this information, Defendants CONAHAN and CIAVARELLA were elected judges of the Court of Common Pleas for Luzerne County and, as such, were public officials. Defendants CONAHAN and CIAVARELLA owed a fiduciary duty to the Plaintiff and the class and to the public not to realize personal financial gain through their office other than compensation provided by law, to refrain from conduct that constitutes a conflict of interest or that constitutes seeking or accepting improper influence, to recuse themselves from matters in which they have a conflict of interest, and to file a truthful and complete annual statements of financial interests, reporting the sources of all income, direct or indirect.
59. One source of the fiduciary duty owed by Defendants was imposed by constitutional law, including Article 5, §§17(b) and 17(c) of the Pennsylvania Constitution.
60. Another source, among others, of the fiduciary duty owed by Defendants, independent of statutory law, arose from Defendants' positions as judges of the Court of Common Pleas, including requirements of the Pennsylvania Code of Judicial Conduct and Administrative Orders of the Pennsylvania Supreme Court regarding matters related to Judges of the Court of Common Pleas.
61. Part of the fiduciary duty owed by Defendants CONAHAN and CIAVARELLA included the duty arising from their positions as judges to disclose material information affecting their ability to engage in impartial decision-making. Defendants CONAHAN and CIAVARELLA breached this duty.
62. It was a part of the scheme and artifice to defraud that Defendants CONAHAN and CIAVARELLA knowingly and intentionally filed materially false annual statements of financial interests with the Administrative Office of the Pennsylvania Courts in which they failed to disclose the source of income they received and in which they failed to disclose their financial relationship with POWELL, MERICLE, MERICLE CONSTRUCTION, PACC, and WPACC, which were material matters.
63. Defendants CONAHAN and CIAVARELLA made materially false filings with the Administrative Office of the Pennsylvania Courts.
64. It was further a part of the scheme and artifice to defraud that Defendants CONAHAN and CIAVARELLA, acting on behalf of the Court of Common Pleas for Luzerne County in matters in which they had discretionary decision-making authority, knowingly and intentionally issued written, oral, and wire communications which were materially false to the extent that Defendants did not disclose their conflict of interest and their financial relationship with POWELL, MERICLE, MERICLE CONSTRUCTION, PACC, and WPACC, which were material matters.
65. It was further a part of the scheme and artifice to defraud that Defendants CONAHAN and CIAVARELLA, acting on behalf of the Court of Common Pleas for Luzerne County in matters in which they had discretionary decision-making authority, knowingly and intentionally issued reports and statements to the Administrative Office of the Pennsylvania Courts which were materially false to the extent that Defendants did not disclose their sources of income and their financial relationship with POWELL, MERICLE, MERICLE CONSTRUCTION, PACC and WPACC, which were material matters.
66. It was further a part of the scheme and artifice to defraud that Defendant CONAHAN entered into agreements guaranteeing placement of juvenile offenders with PACC and took official action to remove funding from the Luzerne County budget for the Luzerne County juvenile detention facility, effectively closing a county-run youth detention center. Defendants CONAHAN and CIAVARELLA, through their actions, facilitated the construction of juvenile detention facilities and an expansion to one of those facilities by Defendants PACC and WPACC and directed that juvenile offenders be lodged at juvenile detention facilities operated by PACC and WPACC. Through their actions, Defendants assisted PACC and WPACC to secure agreements with Luzerne County worth tens of millions of dollars for the placement of juvenile offenders, including an agreement in late 2004 worth approximately $58,000,000. It was further a part of the scheme and artifice to defraud and conspire to violate the civil rights of Plaintiffs that, on numerous occasions, accused juvenile offenders, including Plaintiffs, were ordered detained by Defendant CIAVARELLA even when Juvenile Probation Officers did not recommend detention. Defendant CIAVARELLA, and others operating at his behest, also exerted pressure on staff of the Court of Common Pleas to recommend detention of juvenile offenders. On some occasions, probation officers were pressured to change recommendations of release to recommendations of detention. The foregoing actions, as well as other actions, were all part of a scheme of Defendants which Defendants CONAHAN and CIAVARELLA directed related to matters in which they had discretionary decision-making authority. Defendants CONAHAN and CIAVARELLA took these actions, and other actions, without recusing themselves from matters in which they had a conflict of interest, and without disclosing to parties involved in court proceedings their conflict of interest and the financial relationship that existed between Defendants and POWELL, MERICLE, MERICLE CONSTRUCTION, PACC, and WPACC, which were material matters.
67. It was further a part of the scheme and artifice to defraud that Defendants CONAHAN and CIAVARELLA violated their duties of independence, impartiality and integrity in the exercise of their discretionary actions on behalf of the Court of Common Pleas for Luzerne County by failing to recuse themselves from acting in matters in which they had a material conflict of interest and in failing to disclose to parties appearing before the court their conflict of interest and their financial relationship with POWELL, MERICLE, MERICLE CONSTRUCTION, PACC, and WPACC, which were material matters.
68. It was further a part of the scheme and artifice to violate the civil rights of Plaintiff and the class that Defendant CIAVARELLA utilized administrative powers to adopt procedures in juvenile court, including procedures adopted for a "specialty court." The adoption of these procedures was accomplished through the administrative discretionary decision-making authority of Defendant CIAVARELLA. The adoption of these procedures created the potential for an increased number of juvenile offenders to be sent to the juvenile detention facilities of PACC and WPACC. Defendant CIAVARELLA took these actions without disclosing to the parties before the court his conflict of interest and the financial relationship that existed between the Defendants.
69. It was further a part of the scheme and artifice to violate the civil rights of Plaintiffs that Defendants CONAHAN and CIAVARELLA otherwise conducted the affairs of the Court of Common Pleas in matters in which they had discretionary decision-making authority without disclosing their conflict of interest and financial relationship with other Defendants.
70. On or about each date listed below, in the Middle District of Pennsylvania and elsewhere, Defendants CONAHAN and CIAVARELLA, aided and abetted by each other, for the purpose of executing the above-described material scheme and artifice to defraud and deprive the citizens of Luzerne County and of the Commonwealth of Pennsylvania of their right to the honest services of Defendants CONAHAN and CIAVARELLA, transmitted and caused to be transmitted by means of wire communication in interstate commerce, the following writings, signals, and sounds: in violation of Title 18, United States Code, §§2, 1341, and 1346:
Date | Wire Transmission[li]July 12, 2004 | Electronic funds transfer of $120,000 transferred from an account of Vision Holdings, Inc., to an account of the Pinnacle Group of Jupiter, LLC.[/li]
[li]September 23, 2004 | Electronic funds transfer of $100,000 transferred from an account of Vision Holdings, Inc., to an account of Pinnacle Group of Jupiter, LLC.[/li]
[li]July 15, 2005 | Electronic funds transfer of $1,000,000 transferred from an account of Mericle Construction, Inc., to an account of Pinnacle Group of Jupiter, LLC.[/li]
[li]February 3, 2006 | Electronic funds transfer of $150,000 transferred from an account of Mericle Construction, Inc. to an account of Pinnacle Group of Jupiter, LLC.[/li][/list]
71. In furtherance of the conspiracy, and to effect the objects thereof, the following overt acts, among others, were committed by Defendants in the Middle District of Pennsylvania and elsewhere:
A. On or about January 21, 2003, Defendants caused MERICLE and/or MERCILE CONSTRUCTION to wire-transfer $610,000 to the bank account of an attorney;
B. On or about January 28, 2003, Defendants caused John Doe attorney in Schuylkill County, Pennsylvania to wire-transfer $610,000 to an account of BEVERAGE;
C. On or about January 28, 2003, Defendant CONAHAN caused $330,000 to be wire-transferred from a bank account of BEVERAGE to a bank account under the control of Defendant CIAVARELLA;
D. On or about April 30, 2003, Defendant CONAHAN caused $75,000 to be wire-transferred from a bank account of BEVERAGE to a bank account under the control of Defendant CIAVARELLA;
E. On or about July 15, 2003, Defendant CONAHAN caused $75,000 to be wire-transferred from a bank account of BEVERAGE to a bank account under the control of Defendant CIAVARELLA;
F. On or about August 13, 2003, Defendant CONAHAN caused $25,000 to be wire-transferred from a bank account of BEVERAGE to a bank account under the control of a third party;
G. On or about August 13, 2003, Defendant CONAHAN caused $25,000 to be wire-transferred from a bank account of BEVERAGE to a bank account under the control of a third party;
H. On or about August 20, 2003, Defendant CONAHAN caused $105,000 to be wire-transferred from a bank account of BEVERAGE to a bank account under the control of Defendant CONAHAN;
I. To conceal the payments to Defendants CONAHAN and CIAVARELLA, Defendant CONAHAN directed that false entries be made in the books and records of BEVERAGE between on or about January 1, 2002, and on or about April 15, 2007;
J. On or about January 20, 2004, Defendants caused $18,000 to be deposited in a bank account of PINNACLE which was falsely characterized as "Rent Prepay";
K. On or about January 20, 2004, Defendants caused $52,000.00 to be deposited in a bank account of PINNACLE which was falsely characterized as "Rent Marine Prepay";
L. On or about February 24, 2004, Defendants caused $47,000 to be deposited into a bank account of PINNACLE which was falsely characterized as "Slip Rental Fees";
M. On or about February 24, 2004, Defendants caused $78,000 to be deposited into a bank account of PINNACLE which was falsely characterized as "Reserving Lease";
N. On or about February 24, 2004, Defendants caused $75,000 to be deposited into a bank account of PINNACLE which was falsely characterized as "Rental Feb, Mar, Apr";
O. On or about May 3, 2004, Defendants caused $75,000 to be deposited into a bank account of PINNACLE which was falsely characterized as "Lease Expenses April May June";
P. On or about May 3, 2004, Defendants caused $25,000 to be deposited into a bank account of PINNACLE which was falsely characterized as "Dock Expenses Related April May June";
Q. On or about July 12, 2004, Defendants caused $120,000 to be wire-transferred to a bank account of PINNACLE;
R. On or about September 23, 2004, Defendants caused $100,000 to be wire-transferred to a bank account of PINNACLE;
S. On or about July 15, 2005, Defendants caused $1,000,000 to be wire-transferred to a bank account of PINNACLE;
T. On or about February 3, 2006, Defendants caused $150,000 to be wire-transferred to a bank account of PINNACLE;
U. Between on or about January 1, 2002, and on or about April 15, 2007, Defendants CONAHAN and CIAVARELLA provided information to their respective tax return preparers that contained material omissions and misclassifications;
V. Between on or about April 15, 2004, and on or about May 21, 2007, Defendants CONAHAN and CIAVARELLA caused to be prepared, subscribed to, and filed with the Internal Revenue Service, materially false tax returns, namely, IRS forms 1040 and 1040X relating to tax years 2003 through 2006;[/list]
B. The Case of B.W.72. In May, 2007, B.W. was questioned by Swoyersville Police regarding an argument that took place on Myspace.com, an internet chat web site, between her and another individual.
73. As a result of the investigation regarding the Myspace.com argument, B.W., then 14 years old, was charged with multiple criminal offenses including 18 Pa.C.S. § 2706(a)(l) Terroristic Threats.
74. B.W. had no prior contact with law enforcement.
75. B.W. appeared before Defendant CIAVARELLA in Luzerne County Juvenile Court for an adjudication hearing on a delinquency petition for inter alia a violation of the Pennsylvania Crimes Code, 18 Pa.C.S. § 2706(a)(l), Terroristic Threats.
76. Prior to appearing before Defendant CIAVARELLA, B.W. was persuaded, without the advice of counsel, to admit guilt in front of Defendant CIAVARELLA.
77. B.W. was not advised about her right to counsel and was told outside the courtroom that if she admitted guilt she was to receive 3-6 months of probation. If she did not admit guilt, she would be held until she was 18 years old and the judge would be a lot harder on her.
78. At the adjudication hearing, and having admitted to the Myspace chat, B.W. was found delinquent and removed from court in shackles. B.W. was transported to Camp Adams, as no beds were available in Defendant PACC. A psychological evaluation was also to be scheduled.
79. Plaintiff Florence Wallace was told to "shut up or be held in contempt" when she attempted to speak during the proceedings to indicate that she and her daughter were told that B.W. would be receiving probation for an admission and returned home.
80. B.W. became hysterical upon learning that she would be incarcerated pending a psychological evaluation. B.W. experienced severe anxiety and chest pain which threatened an underlying heart condition. As B.W. was led from the courtroom by sheriffs, her mother was told that her heart condition would be "taken care of".
81. Plaintiff Florence Wallace contacted her previous medical providers to hastily arrange the facsimile of her medical records to Camp Adams.
82. Thereafter it is believed and therefore averred that B.W.'s psychological evaluation was delayed as she was transferred back to Defendant PACC's facility.
83. B.W. was forced to be incarcerated in Defendant PACC's facility unnecessarily awaiting a psychological evaluation that was delayed by transfers from Camp Adams to Defendant PACC's facility.
84. At the conclusion of the psychological evaluation it is believed and therefore averred that probation rather than incarceration was recommended.
85. Additionally, B.W. was required to seek drug and alcohol counseling as a "preventative measure", although no drugs or alcohol were included in the criminal accusations.
