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$500K Awarded to New York Prisoner Sexually Assaulted by Guard

$500K Awarded to New York Prisoner Sexually Assaulted by Guard

A federal court in New York recently awarded a $500,000 default judgment to a woman who was forced to perform oral sex on a prison sergeant. The judgment was entered after the defendant, Sergeant Michael Galbreath, failed to answer or defend the complaint filed against him.

According to court records, Lucy Amador was serving a two year sentence at the Albion Correctional Facility in New York State. When she was less than three months away from her scheduled release date, Galbreath took Amador to a basement room in the prison's administrative building under the pretense of interviewing her about a fight she may have witnessed. Galbreath then forced Amador to perform oral sex on him.

Galbreath then forcibly performed oral sex on Amador, and then made her clean up the evidence with toilet paper and a bottle of water. Galbreath then threatened that he would take steps to cancel Amador's release date if she told anyone what he had done.

Amador, however, did report the attack a few days later, and preserved a piece of her clothing that contained evidence of the sexual misconduct.

Amador later sued Galbreath and several other corrections officials in federal court. Galbreath failed to answer the complaint or otherwise respond, and default was entered against him. In the hearing on damages, the court reviewed numerous pieces of evidence that proved that sexual contact occurred, and credited Amador's testimony that it was forced. Amador suffered from PTSD from previous sexual assaults and childhood abuse, which she was forced to relive due to Galbreath's assault, the court found.

After discussing other awards in sexual assault cases, the court ruled that Amador was entitled to $250,000 in compensatory damages and $250,000 in punitive damages and entered judgment accordingly.

Galbreath was later charged criminally and was sentenced to 45 days in jail after pleading guilty to second degree sexual assault and official misconduct.

See: Amador v. Galbreath, USDC No. 10-CV-6702L (W.D.N.Y. 2013).

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Related legal case

Amador v. Galbreath