“This action arises out of a failure by Montgomery County Children Services to protect (the child) from physical, sexual and emotional harm, as a proximate result of the wrongful acts and omissions of the defendants...” the lawsuit says.
The lawsuit filed says it’s suing for negligence and that sections of the Ohio Revised Code were violated. It also seeks discovery from Children Services and others.
Curtiss had been accused of multiple sex crimes dating back to 2006 but wasn’t convicted, according to the lawsuit and court records. The lawsuit also says a teen already placed in Curtiss’ home had previously been accused of sexual misconduct against a child as well.
A Dayton Police report obtained by the newspaper says in 2018, the girl and her brother told their mother that she was being sexually assaulted by Curtiss, but the girl was not removed from the home after it was reported to children services. The lawsuit also says that children services employees knew about Curtiss’ past criminal issues before placing the children with him.
Montgomery County Director of Communications Deb Decker declined to comment, citing a county policy to not comment on pending litigation. An email to the mother’s attorney, Kenneth Ignozzi, wasn’t responded to last week.
Curtiss was charged and convicted in 2020 of raping the girl and was sentenced to prison for life without parole. Curtiss has appealed the conviction.
At the time of Curtiss’ indictment, Montgomery County Prosecutor Mat Heck Jr. issued a statement saying that the child was known to children services.
“If those responsible would have heeded the red flags present, the abuse this child suffered may never have happened,” he said. “This is another tragic child abuse case, showing that we must be vigilant, and continue to put in extra care and effort, which anyone involved in these types of cases should expect. Children deserve no less.”
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