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Even Though Heart Condition Killed Girl, Family To Sue NY State Among Others

Wrongful Death

December 13, 2005

New York, NY - The 14-year-old Amityville girl who died while being escorted to a 'time out' room at a Tennessee home for troubled children in September apparently died of cardiac arrest, according to law enforcement officials and attorneys familiar with the autopsy findings.

But despite the autopsy results, the family of Linda Harris has filed a notice of claim in a wrongful death lawsuit against Suffolk County, which placed her at the Chad Youth Enhancement Center in Ashland City, Tennessee, and the State of New York, which oversees the placements. They said unanswered questions remain about what led to the death. The suit will allege negligence and seeks damages for pain and suffering, said the Harris family attorney.

'It's hard to move on until we find some real answers,' said her brother, Reggie Harris of Amityville, questioning what exactly happened in the moments leading up to his sister's death. Harris weighed more than 300 pounds at the time, and the autopsy cited obesity as a contributing factor in her death. But her family said she was very active, rode her bike and would often run around without getting winded, and questioned how she could have had cardiac arrest.

At the time of her death, Linda Harris was having an emotional outburst at the center where she had resided less than a week, according to workers. 'There are a lot of unanswered questions,' said Siben, adding that he has yet to get a copy of the official report from the Nashville medical examiner, nor an official death certificate. The medical examiner's office did not return a phone call seeking comment.

Tennessee law enforcement officials would say only that 'It appears to have been a terrible accident,' said Ted Denny, a spokesman for the Montgomery County Sheriff's Department in Tennessee. His agency had been investigating whether Harris, who, according to family members and records, had a history of emotional problems, had been improperly restrained by workers during her outburst. He declined to comment further on whether any charges would be brought.

Suffolk County officials declined to comment on the notice of claim. The county's probation department, which places children at the center at the order of Family Court, has since removed all other children. The county has paid the center nearly $800,000 since 2002. Brian Marchetti, a spokesman for the New York State Office of Children of Family Services, said he was unaware of any lawsuit but emphasized that the office takes child fatalities 'extremely seriously.'

 

 

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