Jacque Evans sued the Georgia Department of Human Resources and prison guard Robert Neal for physical injuries sustained during his attempted escape from a juvenile detention facility. Evans, 16 at the time, was detained for automobile theft and a previous escape. According to the suit, he was allowed to move freely about "despite the fact that he was a designated escape risk who was supposed to be confined in a restricted area." He was also "negligently permitted" to wear street clothes, making it easier to escape.

When Evans and another youth ran for the fence, Neal chased Evans and grabbed his foot as he prepared to jump from the top of the fence. Evans fell head first to the ground and was paralyzed by the fall. Evans's lawyer says Evans had escaped from Neal before, and that Evans "thought [Neal] would just let him go and catch him later... He had no idea he was in danger" when he climbed the fence.

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