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BOP Offers $150,000 Settlement After Prisoner Was Raped By Guard

Kentucky federal prisoner Vileiby Rosado brought a federal tort action in 1995 for $500,000 after being raped by a Federal Bureau of Prisons (BOP) guard who had prior undisciplined incidents for similar conduct. A $150,000 settlement was offered by the BOP in 1996.

Rosado was housed at the Federal Medical Center in Lexington in 1992 when BOP guard Eddie Smith raped her while on duty. Smith had prior incidents for the same type of behavior against FMC Lexington prisoners Dinah Durham, Venus Michels and Katherine West Wegner. The incidents were documented in a report by Warden Margaret Hambrick. However, no disciplinary or preventative actions were taken. Rosado brought the suit against the United States under the Federal Tort Claims Act, claiming that Hambrick and other officials "knew or should have known" that Smith could strike again and that they had a duty to punish him to prevent further attacks on prisoners. She claimed that they should have placed him in a position where he could not assault prisoners and that their failure to supervise allowed his actions to take place.

The U.S. District Court for the Eastern District of Kentucky ordered documents disclosed concerning the case in 1996, which prompted the BOP's subsequent settlement offer. See: Rosado v. United States, USDC, E.D. Ky., Case No. 95 486 (April 3, 1996).

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Related legal case

Rosado v. United States

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