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Lawsuit against CYS dismissed

Civil suit alleged staff misconduct

The federal lawsuit filed against Butler County Children and Youth Services over a girl's placement has been dismissed.

The lawsuit was filed by a Butler woman on behalf of herself and her daughter for the child being placed in the custody of a Rimersburg man subsequently accused of raping that girl.

However, the man, Thomas E. Curry, 66, was acquitted in Clarion County court in January.

Attorney Jeff Cohen of the Pittsburgh firm JonesPassodelis, which represented the county, confirmed the civil case is over.

“The matter has been dismissed,” Cohen said.

Along with CYS, others named as defendants were the county, CYS caseworker Jennifer Olexsak, Curry and Curry's wife, Pamela. The case was filed in October 2015.

The lawsuit alleged Olexsak abused her post by placing the girl with the Currys, who are related to Olexsak.

Curry was found not guilty of 1,981 charges that he raped the girl, who was 10 at the time, in his home repeatedly in 2009 and 2010.

Cohen said the case was dismissed without prejudice.

He explained the girl's mother cannot sue the county again for the same claim, but the daughter could do so until her 21st birthday in April 2020.

Attorney Al Lindsay, who represented the mother and daughter, could not be reached for comment.

Charlie Johns, CYS director, said his department can concentrate solely on its work.

“I'm glad the court process is complete so all of our workers can get focused on our mission,” Johns said.

Although the girl was given back to her mother's care in February 2010, the daughter did not make the allegations until 2014.

The federal lawsuit claimed there was a violation of the 14th Amendment to the U.S. Constitution because the girl was supposedly placed in danger being housed with the Currys.

The civil complaint alleged Olexsak intentionally slanted a CYS report with false allegations, including neglect, to remove the girl from her mother's care and placing her with the Currys instead of a foster home.

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