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Male Prisoner Settles Guard Rape Suit for $6,000

Loaded on Oct. 15, 2001 published in Prison Legal News October, 2001, page 14
Filed under: Staff-Prisoner Assault, Disciplinary Hearings, False Charges (Disciplinary Hearings). Location: Washington.
On November 22, 2000, Raymond Holmes, a Washington state prisoner, settled a civil rights suit against Washington prison employees. In 1997_98, while imprisoned at the Washington State Penitentiary (WSP) in Walla Walla, Holmes was repeatedly forced to perform nonconsensual sexual acts with Anita Hernandez, a guard at the prison. Hernandez threatened to infract Holmes with false disciplinary actions if he did not perform the non-consensual sex acts. Holmes had to commit various prison rule violations in order to be placed in segregation to escape Hernandez's sexual abuse.

Holmes retained Seattle lawyer Charles Hamilton III and filed a civil rights suit in federal court in Spokane alleging violations of his federal constitutional rights and various state law claims.

Hernandez and Tana Wood, the WSP superintendent, agreed to settle the lawsuit by paying Holmes $6,000 on November 22, 2000. Interestingly, the DOC also agreed to provide Holmes with five counseling sessions with a rape therapy counselor. Such counseling has apparently never been provided to any female prisoners raped by male prison staff, by settlement or otherwise. See: Holmes v. Wood , USDC, EDWA, Case No. CT995049EFS.

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Related legal case

Holmes v. Wood

Year2000
CiteUSDC ED WA , Case No. CT-99-5049-EFS
LevelDistrict Court
ConclusionSettlement
Damages6000
Injunction StatusN/A

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  4. Not Part of my Sentence: The Rape of Washington Prisoners, by Silja JA Talvi
  5. The Cost of Running Washington's Rape Camps, by Paul Wright
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