Lawyers for the state of Connecticut are improperly withholding records from the Waterbury man allegedly held captive by his stepmother, his attorneys say.
In a motion filed July 20 with the Office of the Claims Commissioner, they accused the state of concealing information about how the Department of Children and Families handled his case.
The man — identified in legal records as S — filed a claim against the state in February, contending the abuse he suffered was a consequence of negligence and repeated failures by Connecticut's child welfare agency.
DCF investigated six reports about the victim's well-being between 1996 and 2005, but didn't remove him from his family's home.
Lawyers for the victim are seeking documents that show how DCF performed its work and which policies it had in place at the time. They allege state lawyers have selectively provided records that are incomplete and heavily redacted.
The victim's conservator asked DCF in January to disclose records relevant to his case. The agency initially provided 140 pages of documents with some redactions, according to his legal team.
Then in June, lawyers for the state responded to a separate discovery request with 240 pages of documents with different content and significantly more redactions, along with 69 pages that were entirely blacked out, according to the victim's lawyers.
They accused the state of failing to disclose relevant material about DCF's involvement with the family, including the findings of an internal review the agency conducted last year to examine any potential missteps by staff.
The existence of the document came to light through a public records request filed by Connecticut Public. A hearing officer for the Freedom of Information Commission is currently weighing whether it can be released to the public.
In their motion, lawyers for the victim wrote the state is "actively hiding" the internal review from them, citing information DCF disclosed in the public records case.
"Clearly, relevant and material documents are being withheld without any legitimate basis for doing so," they wrote.
Lawyers for the state contend they disclosed all known documents related to DCF's child welfare investigations and involvement with the victim and his family, but are bound by confidentiality laws that protect portions of the material.
In a legal filing Monday, they wrote that DCF must redact information about people other than the victim who are named in the records, including the victim's stepmother.
The internal review is also protected from disclosure under a legal principle that allows the government to withhold material that was created as part of a deliberative process, they contend.
Lawyers for DCF maintain the internal review remains in draft form, despite testimony that it was completed about one year ago.
DCF declined to answer questions about the case.
"We have no comment on pending litigation, however, our thoughts remain with S. as he continues to heal from this incredibly difficult period of his life," Peter Yazbak, the agency's director of communications, wrote in an email.
Police allege the victim was confined in a small room that was locked from the outside for more than two decades by his stepmother, Kimberly Sullivan. Sullivan has pleaded not guilty to charges including kidnapping and assault.
The state has argued the victim's claim can't go forward because DCF's involvement with the family ceased around 2005. Under state law, claims must be filed within three years of the alleged damage or injury, even if discovered later.
The Office of the Attorney General said in a statement that it sympathizes with the victim, but his claim must be dismissed because too much time has passed.
Lawyers for the victim called the state's position "preposterous."
"The State fails to acknowledge that in 2008, S lived in captivity, as an imprisoned, malnourished, and psychologically damaged 15-year-old child, who was legally incompetent to file a Notice of Claim until after he obtained his freedom," they wrote.
The claims commissioner is expected to schedule an oral argument hearing in August on whether to dismiss the case.
