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TDCJ Pays $1500 to Settle Prison Rape Case

On December 27, 2005, Texas prisoner Jose Jiminez filed a lawsuit pursuant to 42 U.S.C. § 1983 against two Texas prison guards alleging their deliberate indifference to his safety resulted in his being assaulted and raped by another prisoner. The attack occurred at the Mark W. Michael Unit in Tennessee Colony, Texas on February 6, 2004 where the two guards were supposed to be providing security in the area where Jiminez was located.

According to Plaintiff's attorney, Jeff Edwards of Whitehurst, Harkness, Ozmun, & Brees in Austin, Texas, the two guards watched as Jiminez was forcibly dragged to a shower area where the rape occurred. Their failure to protect Jiminez led to the extreme emotional and physical damage he suffered during the attack.

In a Settlement Agreement signed by the Plaintiff on December 24, 2007, Jiminez agreed to dismiss with prejudice all claims against one of the guards in return for a $1500 payment, which included attorney's fees and costs.

SEE: Jiminez v. Divin, U.S.D.C., E.D. TX, Marshall, #2-05-CV-558.

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Related legal case

Jiminez v. Divin