BOSTON — Six years to the day after 14-year-old David Almond starved to death in Fall River, the Commonwealth of Massachusetts has agreed, subject to court approval, to pay $10 million to settle claims brought by his estate and his two surviving triplet brothers over the Department of Children and Families’ alleged role in his death.
“This settlement ensures David’s brothers have the resources they need to build a full and productive life, and it creates a lasting legacy in David’s name for other children like him who depend on the state to keep them safe,” says Kimberly Dougherty of Justice Law Collaborative, which represents the estate.
Attorney Paula Bliss, also of Justice Law Collaborative, says, “No settlement can undo what happened to David and his brothers, but this resolution holds the Commonwealth and DCF accountable for the systemic failures that put these very vulnerable boys in harm’s way.”
The brothers, now adults with autism, will each get an independently managed lifelong special needs trust, and $750,000 will go to the SouthCoast Community Foundation to establish two funds in David’s memory:
- A $150,000 memorial scholarship for college, vocational or technical training. Neurodivergent children in Massachusetts foster care get first priority.
- A $600,000 memorial fund for grants to Massachusetts nonprofits and schools that serve neurodivergent people.
The lawsuit alleged that systemic failures by DCF led to Almond’s death by starvation on October 21st, 2020, while the triplets were in the physical custody of their father, John Almond, and his girlfriend, Jaclyn Coleman, in a Fall River apartment. The complaint claimed DCF ignored warning signs, accelerated reunification prematurely, and failed to respond to reports of abuse and neglect after the boys were returned to the home.
The Commonwealth defendants disputed the allegations and raised defenses including sovereign immunity. After the case was refiled in state court following a partial federal dismissal, the parties negotiated for nearly six months and reached the $10 million agreement.
Both John Almond and Jaclyn Coleman were sentenced to life in prison in 2023.
At approximately 7:45 a.m. on October 21st, 2020, Fall River Police received a 911 call regarding an unresponsive male on Green Street. When police arrived on scene, they found David Almond to be covered in feces and living in abhorrent conditions.
David Almond was rushed to Charlton Memorial Hospital, where he was later pronounced deceased.
He was 5’10” and approximately 80 pounds at the time he was discovered by authorities.
The settlement is now pending before the Court.
