Family sues counties, service groups, schools following death of 12-year-old Chester Co. girl

Family members of a 12-year-old Chester County girl who, allegedly, died after years of abuse and torture at the hands of her father and his girlfriend -- a woman who had been convicted previously following the death of a two-year-old -- have filed lawsuits against those who, the lawsuit claims, should have done more to protect her.

On Wednesday, three half-sisters of Malinda Hoagland -- Emily Lee, Jamie and Abbey Hoagland -- filed a lawsuit against the County of Chester, Chester County Children, Youth & Families, the Commonwealth of Pennsylvania, the County of Monroe, Monroe County Office of Children & Youth, the Coatesville Area School District, North Brandywine Middle School, Upper Dublin School District, and Horace S. Scott Middle School.

According to a statement on the lawsuit from the sisters' attorneys, the suit alleges wrongful death, repeated violations of the State-Created Danger Doctrine and overall egregious negligence and recklessness, reflected in multiple additional claims, among other allegations.

Chester County investigators determined Malinda Hoagland had suffered years of abuse and torture at the hands of her father, Rendell Hoagland, and her stepmother, Cindy Warren.

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Both have been charged with first-degree murder, conspiracy, kidnapping and aggravated assault, among hundreds of other counts.

The autopsy revealed Malinda died from starvation and multiple blunt force injuries. The girl weighed 50 pounds at the time of her death and had suffered around 75 bruises, contusions, ulcers and pressure sores throughout her body, investigators said.

“There is no doubt the criminal prosecution will bring about justice for Rendell Hoagland and Cindy Warren’s unlawful and unconscionable acts. But that is only one avenue of justice aiming to hold the perpetrators of this horrendous torture and killing accountable,” the sisters' attorney Tom Bosworth said in a statement. “The civil claims seek to ensure that full and complete accountability will be achieved for the heinous actions of the educators, case workers, and institutions who all failed Malinda miserably. The imposition of punitive damages is necessary to not only punish these defendants for their reckless conduct, but also as a deterrent so nothing like this ever happens again.”

Attorneys said that a state lawsuit was also filed Wednesday in the Court of Common Pleas Philadelphia County against the Commonwealth Charter Academy, alleging wrongful death, negligence and recklessness, among other charges.

According to a statement by CCA, they have not been served with any formal complaint and said they cannot provide comments on pending litigation.

"According to several reports, Malinda’s previous school and Chester County Children, Youth, and Families were aware of Malinda’s situation and did not inform or alert CCA of their concerns. Law enforcement officials have also noted that CCA did not fail in its responsibilities to report abuse," CCA went on to say in a statement obtained by NBC10.

Malinda was enrolled at CCA from January 2024 until her passing. The academy said she was an honor student who regularly attended and was actively engaged.

"Malinda Hoagland's death was tragic and heartbreaking for the CCA school community," the statement from CCA said.

The combined lawsuits seek millions of dollars in punitive and compensatory damages, the sisters' attorneys said in a statement, claiming there were "red flags and warning signs that were missed."

For an example, in 2009, Warren was sentenced to serve seven years in prison after she was charged for her role in the death of her former husband's two-year-old daughter.

“These lawsuits are about accountability for everything that my father and his girlfriend did to my sister and the failure to protect her from such torture and abuse by her schools and state and county officials,” said Abbey Hoagland in a statement. “As we agonize every day thinking about what she went through, the horrors and pain she suffered, we just want to make sure no other child ever has to endure such cruelty while those who are in charge of protecting them turn a blind eye.”

Coatesville Area School District released a statement following when the lawsuit was filed saying since it is a legal matter, it is not their policy to respond to questions from the media.

"The torture and death of this child is a horrific tragedy. We follow and exceed state-mandated policies and procedures for training of faculty and staff to identify and report suspected child abuse. We were shocked and shaken by the news that Malinda Hoagland had died months after being withdrawn from our school district last year," the Coatesville district said in a statement.

Malinda was removed from in-person schooling in November of 2023, investigators said.

School records revealed the girl had around 25 unexcused absences in 2023 and an additional 10 excused absences, according to officials. She attended a cyber school after being pulled from school at the end of 2023.

According to investigators, Malinda's father and stepmother used makeup to cover up her beatings and shackled her legs to the floor during her virtual classes.

However, investigators have also said there’s no indication that either school Malinda attended failed to meet the legal requirements of reporting abuse.

They also said evidence shows teachers at both schools often checked in with Malinda.

Contacted about the lawsuit, representatives of the Pa. Department of Human Services said they couldn't comment on ongoing litigation. But, they said the loss of Malina was "tragic."

“Our sincerest thoughts continue to be with Malinda’s family and friends, as the death and loss of any child is tragic,” a representative of the state's Dept. of Human Services told NBC10.

This is a breaking news story. It will be updated as new information becomes available.