$250 million lawsuit filed in response to alleged torture and death of Long Island 7-year-old
The mother of the little girl who prosecutors say endured months of torture before her death is now accusing Suffolk County and her school district of failing to protect her.
Portia Duncan and the attorneys for her daughter's estate announced Tuesday plans to file a $250 million lawsuit that claims they missed warning signs that would have saved daughter Jor'Dynn Duncan's life. The attorneys say it's not about the money, adding their ultimate goal is accountability and changes they hope will save the next child.
"I just want justice served for my daughter," Portia Duncan said.
Mother claims 7-year-old never should have been taken away
Breaking her silence through tears, the Mastic mother called her daughter her best friend.
"She was such a smart, sweet, fun, girly girl," she said.
Jor'Dynn Duncan was removed from her mother's custody because of substance abuse and mental health concerns, but was then placed in the home of Emily Kelly, where the 7-year-old allegedly endured torture.
"They need to do more protecting of our kids because there are no other hands she should have been in than mine," Portia Duncan said. "I might have been an addict, but I was ... I was a damn good mother."
Here's what Portia Duncan alleges
Portia Duncan filed a notice of claim accusing Suffolk County of failing to vet Kelly, failing to monitor Jor'Dynn, and accusing her school district of failing to report chronic absence. The lawsuit claims when she did attend, she wore heavy makeup to hide her injuries.
"All they had to do was look at Jor'Dynn that was in plain sight," attorney Derek Sells said.
The lawsuit also alleges racial bias in the decision to remove Jor'Dynn Duncan from her biological family and place her with Kelly, the fiancée of her incarcerated father, and missing red flags.
"There were two deaths under watch that were very suspicious in nature," Sells said.
"[They] took her from the place where she never missed any school, was getting swimming lessons, and put her into a house of horrors and death," said Lowanda Williams, also an attorney for Jor'Dynn Duncan's estate.
Neither Suffolk County nor the Bayport-Blue Point School District would comment due to the litigation, but County Executive Ed Romaine has blamed the placement on a judge -- not Child Protective Services.
