The American Civil Liberties Union has filed a federal lawsuit against the state and accused officials of failing to correct problems at the Hawaii Youth Correctional Facility and allowing inhumane conditions and widespread abuse of wards at the Windward O'ahu facility.

The complaint was filed yesterday in U.S. District Court by the ACLU of Hawai'i on behalf of two unnamed HYCF wards. Although only two plaintiffs were listed, the lawsuit seeks to represent all current and future wards at the facility, said Lois Perrin, ACLU of Hawai'i legal director.

Named as defendants were Gov. Linda Lingle; Lillian Koller, director of the Department of Human Services; Sharon Agnew, director of the Office of Youth Services; and Kaleve Tufono-Iosefa, HYCF administrator.

The 25-page lawsuit alleges the state has failed to protect the wards from abuse and harassment and failed to provide them due process and access to legal counsel. The ACLU is asking that a federal judge appoint an independent monitor to implement and oversee policies and procedures at HYCF to ensure that the wards are housed in a safe environment, Perrin said.

"The state has been on notice for over two years of the multitude of problems facing the facility and it has become readily apparent that the state is unable to fix the conditions and practices for these kids," Perrin said.

In August 2003, the ACLU released a critical report that included allegations of rape, brutality and crowding at the facility. The report was critical of the facility's living conditions and programs, as well as the treatment of the wards by some guards.

This past August, the U.S. Department of Justice released the results of an investigation that characterized the facility as being in a "state of chaos." The report said conditions at the state's only institution housing juvenile offenders violated their federal constitutional rights.

If the problems at HYCF are not resolved, the department said it would take legal actions against the state.

The state Attorney General's Office issued a statement, saying the ACLU lawsuit "essentially restates issues which were raised by the Department of Justice" in the report released in August.

"We have worked with the Department of Justice to address its concerns about the facility and we continue in our efforts to work with the Department of Justice," the state said. "Improvements have been made at HYCF and will continue to be made."

Perrin said the state has not done enough and has dragged its feet for too long.

"The same problems that plagued the facility in August 2003 exist today," Perrin said. "This is one of those cases where there should not be a lot of resistance from the state because we should all be focusing on what's best for these kids. And what's best for these kids is to have a facility that has appropriate policies and procedures to ensure that the staff is trained in those policies and procedures and to protect the rights of these kids because for the last two and a half years, they have not been protected."

Attorney Paul Alston, who has joined the ACLU in representing the wards, said the state has "no excuse" for not protecting the rights of the wards.

"Since this issue arose two years ago, the state has had ample time to clean up its act. The fact that it failed to do so is inexcusable. It shows that those in charge have no regard for their legal obligations or the welfare of the children under their supervision," Alston said.

Yesterday's lawsuit was the second in two months filed by the ACLU against the state because of alleged civil rights violations at HYCF. In September, three wards alleged they had been physically and emotionally abused because they were gay or perceived to be gay.

A hearing on the first lawsuit is set for Nov. 21. No hearing has been set on yesterday's lawsuit.

Reach Curtis Lum at culum@honoluluadvertiser.com.