Judge won't toss Allegheny County Council lawsuit over Shuman

A judge has refused to throw out a lawsuit by Allegheny County Council over the new Shuman Juvenile Detention Center.

The complaint, filed against the county over the contract it entered into with Adelphoi last year to reopen the facility, alleges that council was required to approve it.

Since it never was given the chance, council claims that the contract is void.

Washington County Common Pleas Judge Katherine Emery, who was brought in to hear the case after the local bench recused, said in a five-page order on Thursday that the lawsuit can continue.

The county asked for the complaint to be thrown out, arguing that former County Executive Rich Fitzgerald had authority to enter the five-year, $73 million contract because it is for services, which fall entirely under the executive branch.

But council argued that the contract gives Adelphoi complete control over a county property which requires council approval under the Home-Rule Charter.

Emery heard argument on the issue on March 1.

In her order, she said that, while the contract the county entered into with Adelphoi is for services, it also clearly conveys the county-owned property to Adelphoi to exclusively use — requiring county council approval.

“The contract literally gives Shuman Center to Adelphoi to operate a detention facility,” Emery wrote.

County Council President Patrick Catena said he was pleased with the ruling.

“We intend to vigorously pursue our action to have the Adelphoi contract declared null and void for previous Chief Executive Fitzgerald’s failure to present the contract to council for approval. And look forward to working with the current executive to find a legal solution as it relates to juvenile justice in Allegheny County,” he said in a statement.

Abigail Gardner, a spokeswoman for the county, said that the county will file its answer to the complaint, and the lawsuit will continue.

“The important issue is that we find a path forward to provide a place that keeps juveniles and the community safe,” she said.

“Based on this objective, we are and will continue to work with county council, the judicial system, community advocates, and experts to reopen a facility as fast as is responsibly possible while also focusing on designing a facility that specializes in the unique needs of juveniles in the justice system.”

Shuman, in Lincoln-Lemington-Belmar, closed in 2021 after the state Department of Human Services revoked its license following a number of violations.

However, its closure left law enforcement and court officials frustrated at the lack of local and secure placement for juveniles who needed to be detained.

The courts and county announced in September that Adelphoi would reopen the facility with 12 available beds in late April and eventually expand to 60 beds.