Malinda Hoagland: Family files lawsuits over alleged missed red flags in horrific death of Chester County girl
PHILADELPHIA - Family members of a Pennsylvania girl who died after prosecutors say she endured years of horrific abuse from her father and his girlfriend filed wrongful death lawsuits against several agencies they believe missed red flags about the alleged abuse.
Attorneys for the half-sisters of 12-year-old Malinda Hoagland filed a federal lawsuit against bodies they say should have stepped in to help their Malinda, but failed despite a slew of red flags. The family also pushed for legislation that establishes a public registry for physical abusers of children.
The combined lawsuits seek millions of dollars, claiming the missed warning signs were "so astounding and show an absolute failure of the system that should never be allowed to happen again."
Rendell Hoagland and Cindy Warren were charged in May with criminal homicide, aggravated assault, kidnapping and related offenses. Those charges were later upgraded to first-degree, second-degree and third-degree murder, and Involuntary Servitude.
On Wednesday, attorneys also moved to make organizations they claimed "looked the other way" pay a hefty price.
Representing the child’s three half-sisters, attorneys filed the wrongful death claims in federal court against Chester County, including its Children, Youth and Family office, Monroe County and its Office of Children and Youth and the Coatesville Area School District. Commonwealth Charter Academy was sued in state court.
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The lawsuits claim the groups repeatedly missed warning signs of the starvation and beatings the child suffered. The suit alleges despite concerns raised by Malinda’s school, the Chester County Youth department never visited her home.
Tom Bosworth an Attorney for the Estate of Malinda Hoagland said, "if you have a student in your class who’s become emaciated, losing weight, has scabs, wounds, bruises, hiding food in her locker, which they knew about, you have to do more."
Prosecutors say Malinda weighed just 50 pounds and bruised all over her body when she died in May. An investigation later revealed gruesome allegations of abuse and starvation inflicted by the couple, including videos that show the child shackled to furniture and forced to exercise as she is yelled at and threatened through the camera.
Criminal complaints state that over 100 disturbing videos of abuse were found on devices recovered during search warrants, and text messages between Hoagland and Warren that discussed the child's deteriorating condition. Chester County District Attorney Chris de Barrena-Sarobe said Melinda was "reprogrammed to accept abuse as part of her life."
Lawyers for the family have pointed out "repeated missed warning signs and red flags" in the tragic death of Malinda Hoagland, including a 2020 custody order that they say "severely restricted" Warren's contact with Hoagland.
"The repeated missed warning signs and red flags highlight the abhorrent negligence of those responsible for her well-being, including their awareness of a 2020 custody order that severely restricted Warren’s contact with Hoagland," lawyers said.
Lawyers say Warren should not have been allowed to live with Malinda due to a child abuse conviction over 20 years ago that resulted in the death of a 2-year-old girl. Warren's ex-husband, according to prosecutors, pleaded guilty in the death and is currently serving a maximum 50-year prison sentence.
Warren, attorneys say, was given a 3-7 year prison sentence after she testified against her former partner and pleaded guilty to child endangerment of their 3-year-old son. When Malinda's half-sisters confronted Rendell Hoagland about Warren's criminal past, attorneys say they were "cut out of her life."
The lawyers said the sisters want a registry of physical offenders of children.
Alexandria Crouthamel an attorney for the half-sisters, said, "they don’t want any child placed in a situation where there is already a convicted child abuser or somebody on the registry."
While admitting the half-sisters saw the child within six months of her death, the attorneys say they never came close enough to see the wounds. Attorney Bosworth said, "they saw her in passing while she was in bed, just waking up, with a sweatshirt on, in and out of the house just saying hi and left."
Monroe and Chester Counties declined to comment and the Coatesville School District could not be reached for comment.
Though Commonwealth Charter Academy wrote it could not comment on pending litigation, it noted "law enforcement officials noted CCA did not fail in its responsibilities to report abuse."
Lawyers for the family said they have been in touch with Pennsylvania Gov. Josh Shapiro about a proposed law named after Malinda to "protect children across the state." Prosecutors say they will pursue the death penalty in the alleged murder of Malinda.