Tracy Mundy, 24, a former Jefferson County Jail prisoner, was asleep in her bunk on October 13, 2003, when jail guard Kirk Jackson put prisoner James Ross, 43, in her cell. Another guard had released Ross from his cell to make a phone call. When Jackson returned Ross to his cell, he was unsure of which cell he belonged in and failed to check the booking log.
Instead, he placed Ross into a holding cell he thought was for male prisoners. Mundy was largely covered by sheets so Jackson didn?t notice at first that she was female. She filed suit under 42 U.S.C. § 1983 seeking in excess of $75,000 in damages. The complaint alleged she received physical injuries during the rape and suffered from post-traumatic stress disorder and depression resulting from the rape.
Ross was criminally charged with the rape, but the case was dropped when Mundy did not appear in court to testify. Mundy settled the case for $30,000.00. The lawyer representing the county claimed that they settled the case for the cost of litigating it and that they would have proven that Mundy and Ross engaged in a consensual sex act had the case gone to trial. St. Louis attorney Robert C. O?Niel represented Mundy. All but $5,000 of the settlement will be covered by the county?s insurer. See: Mundy v. Jefferson County, USDC ED MO, Case No. 4:04CV01098DJS.
Additional Source: St. Louis Post-Dispatch
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Related legal case
Mundy v. Jefferson County
|Cite||USDC ED MO, Case No. 4:04CV01098DJS|