Several Pierceton property owners and business owners filed a lawsuit Nov. 20 against Lasting Change Inc. and Lifeline Youth & Family Services Inc., owners and operators of Pierceton Woods Academy, for being a nuisance to the community.
The plaintiffs are demanding judgment against the defendants for damages, injunctive relief, interest, costs and they also demand trial by jury and for such other and further relief as the court deems appropriate. An injunctive relief is a court order that either prohibits or requires certain action.
Lasting Change did not respond to emails requesting comment.
The lawsuit, filed by Warsaw attorney Travis McConnell in the Circuit Court of the 5th Judicial District in Kosciusko County, lists R&B Sales Inc., Suncoast Trailer Sales Inc., Randy Bowman, Shirley Hathaway and Kathy Rude as the plaintiffs. Each of the plaintiffs are property owners with real estate or businesses located within less than a mile of Pierceton Woods Academy, the complaint states.
Pierceton Woods Academy is a privately-owned residential placement facility at 27 Pequignot Drive, Pierceton. Lasting Change and Lifeline are Indiana corporations doing business in Kosciusko County.
Under “factual background,” the lawsuit states that, “Pierceton Woods Academy has been a nuisance for the Pierceton community for over a decade.”
In February 2009, local media reported three teens had to be returned to the facility after running away. In April 2012, media reported on a riot at the facility. In December 2012, someone was shot by a runaway resident in an attempted carjacking incident. In January 2013, two more residents were runaways that escaped from Pierceton Woods. In March 2013, the Kosciusko County commissioners reported “constant problems” with the facility and attempted to have the state legislature address the issues, the complaint states.
From November 2015 to December 2020, emergency calls for service to the facility contain calls for 58 runaways, 36 batteries, 12 criminal mischief, three fights in progress, five suicide attempts, four persons with weapons, four suspicious persons, seven injured persons, three bleeding, one rape, one child molest and 140 other calls for service.
The complaint also states the facility does not pay property taxes for any of these services.
Since 2017, an investigation by IndyStar and ProPublica found DCS received at least 27 reports alleging sexual abuse or inappropriate behavior by staff at Pierceton Woods.
In 2021, one of the defendant’s employees was arrested for inappropriate conduct with a resident of the facility and later pled guilty to one of the charges. Then in 2023, another one of the defendant’s employees was arrested for inappropriate conduct with a resident of the facility.
In August 2024, the Pierceton Town Council heard concerns about residents being allowed to roam freely off the property grounds.
In September 2024, a “large” fight took place at the facility requiring involvement of five law enforcement agencies and three fire/EMS services.
The lawsuit states the facility “continues to disturb and harass the peace of the neighbors” and the plaintiffs do not feel safe on their properties. It states runaway Pierceton Woods Academy residents have dammed a creek on Hathaway’s property and left articles of clothing and other trash and paraphernalia on her property. They also appear to have started fires on her property. Runaway residents trespassed into the woods on Rude’s property, and attempted to gain entry into R&B Sales’ and Suncoast Trailer Sales’ property.
Under count 1 “nuisance against Lasting Change” in the lawsuit, it states that Lasting Change “owes a duty to prevent an unreasonable risk of harm or unreasonable interference with the employment of property to nearby property owners.” The defendant breached and continues to breach that duty by operating or allowing to operate a nuisance that is injurious to health, indecent, offensive to the senses or an obstruction of the free use of property as essentially to interfere with the comfortable enjoyment of life or property.” As a direct and proximate result, the complaint states plaintiffs suffered and continue to suffer damages.
Count II, “nuisance against Lifeline,” states that Lifeline owes a duty to prevent an unreasonable risk of harm or unreasonable interference with the enjoyment of property to nearby property owners. The defendant breached and continues to breach that duty by operating or allowing to operate a nuisance that is injurious to health, indecent, offensive to the senses or an obstruction of the free use of property as essentially to interfere with the comfortable enjoyment of life or property. As a direct and proximate result, the complaint states plaintiffs suffered and continue to suffer damages.
At Monday’s Pierceton Town Council meeting, nearly three weeks after the lawsuit was filed, Pierceton Woods Academy Vice President of Residential Services Abe Hepler asked the council to consider a police partnership with the Academy. Pierceton Woods would hire two full-time officers for the town, covering their salaries, benefits and all related expenses, including a town vehicle. Pierceton Woods hopes to use the officers similar to school resource officers and they would be stationed on the PWA campus for their shifts. If the town was not willing to provide officers, Hepler said the Kosciusko County Sheriff’s Office was willing.
The council and Hepler said they would work with their attorneys on the contract matters.