Linda Lu, a former prisoner at the Harris County Jail in Houston, Texas, filed suit in the 125th District Court of Harris County alleging that Harris County Deputy Marcus S. Fleck twice removed her from the Ben Taub Hospital jail ward, raped her, then returned her to the ward. Lu, who was 31 at the time in 1993, had been taken from the jail to the hospital for surgery. She alleged the rapes violated her Eighth Amendment right to be free from cruel and unusual punishment. Fleck never faced criminal charges but was fired from the Sheriff’s Department in 1995 for an unrelated incident.
Lu was represented by Houston attorney W. Scott Carpenter. She sought $2,000,000 in damages but had offered to settle pre-trial for $100,000. Harris County offered a $10,000 to $15,000 nuisance value settlement.
On October 18, 1999, after a four-day trial, the jury awarded Lu $150,000 for past mental anguish and $150,000 for present mental anguish for a total award of $300,000. See: Lu v. Harris County Sheriff’s Department, 125th District Court of Harris County (TX), Case No. 1995-07999.
Source: VerdictSearch Texas Reporter
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Related legal case
Lu v. Harris County
|Cite||Case No. 11-00-00084-CV, Tex.App.-Eastland, 2002|
|Level||State Court of Appeals|