her cell by a city jailer was awarded $300,000 plus attorneys fees and
Plaintiff, Mary Isdell, claimed that while she was imprisoned in the Forest
Park Jail, jailer Jack McBerry entered her cell and raped her. After the
alleged attack, security cameras recorded McBerry sexually harassing Isdell
and another female prisoner. McBerry was subsequently convicted of sexual
harassment, but was not prosecuted for the rape.
Isdell sued under 42 U.S.C. § 1983 claiming that McBerry and the City of
Forest Park violated her civil rights. Isdell further alleged that city
officials negligently failed to institute appropriate procedures to prevent
this type of situation and negligently failed to provide appropriate training.
Defendants denied Isdell's allegations, claiming that McBerry did not rape
her, that their training and procedures were adequate, and that they were
unaware of the alleged rape or any prior actions by McBerry.
In December 1992, the Court found that McBerry and the City of Forest Park
had violated Isdell's constitutional rights. Isdell was awarded a total of
$334,432: $60,000 in compensatory damages and $40,000 in punitive damages
against McBerry, and $50,000 in compensatory damages, $150,000 in punitive
damages, and $34,432 in attorney fees and court costs against the city.
Isdell was represented by Bensonetta Tipton-Lane and Amy M. Totenberg, both
of Atlanta. See: Isdell v. McBerry, USDC ND GA, Case No. 1:89CV1951-HPW.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Isdell v. McBerry
|USDC ND GA, Case No. 1:89CV1951-HPW
NO CASE TEXT