The Gadsden County family of a 15-year-old mentally retarded boy who was allegedly raped this summer while in state custody said Wednesday it intends to sue the state Department of Juvenile Justice for neglect.

Benjamin Crump, who is representing Pearlie Russ, the 71-year-old grandmother and guardian of the boy, and the boy's 84-year-old great aunt Mattie Russ, said he had filed an official notice that places the state on warning a lawsuit is imminent. Crump said the state has six months to respond before the family can proceed with the lawsuit.

The Herald first reported last week that Robert, who has an IQ of 32, was placed in the care of a sex offender, 17-year-old Lee Donton, while in state custody and that Donton allegedly raped the boy, who turned 16 on Wednesday.

Robert was in state custody in a Tallahassee detention center because his mother died of cancer and he had become aggressive toward his caregivers. Donton, who was allegedly asked by guards to bathe, clothe and change Robert's diaper, is in a Tallahassee jail on rape charges.

Pearlie Russ talked through tears about Robert on Wednesday, while Mattie Russ said the family could have done a better job of taking care of the teenager than the state did. Crump said the family did not learn of the alleged assault on Robert until they were contacted by a reporter.

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