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$225,000 Settlement in Rape of Female New York Prisoner by Guard

A female prisoner at a New York Prison was told by a male guard that she either comply with his request that she have sexual intercourse with him or he would file a complaint that she assaulted him.

The prisoner brought a lawsuit against prison officials, alleging that the defendants had prior notice of two rapes committed against her by the guard and had failed to protect her. The defendants said they offered protection, but the prisoner rejected it. The prisoner stated the protection amounted to punishment because it was 23 hours a day in solitary confinement. Because she had done nothing to warrant such punishment, she rejected such "protection."

The trial court found for the plaintiff prisoner, who contended that her bipolar disorder and preexisting depression suffered a very significant aggravation as a result of the guard's actions. Subsequent to the liability verdict the defendants settled the matter for $225,000.
See: C.B. v. New York, Westchester County Court, New York, 2001 verdict.

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Related legal case

C.B. v. New York