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No Sexual Assault Claim Based on Abusive Metal Detector Search by The plaintiff alleged that an officer shoved a hand-held metal detector between his buttocks. He was fully clothed. He was later issued a one-day deprivation order and a misbehavior report for refusing a direct order, violating frisk procedures, and …
Jail Liable for Rape of Women Prisoners; Short Duration of Bad Conditions Okay by The two female plaintiffs were sexually assaulted by a jailer while serving 48-hour sentences for minor offenses. The jailer was subsequently fired and pled guilty to criminal charges as to one plaintiff. At 1307 n. 5: …
Youth Services International Not Liable for Child’s Rape by Cellmate by The plaintiff alleged that he was sexually assaulted by his roommate in a privately operated juvenile facility. The corporation is entitled to summary judgment in the absence of evidence of a corporate policy supporting liability. Its policy was to …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that “it is the content of what is contained under a title that is critical in most instances, not the title” of a prison disciplinary rule (DR). This ruling comes in the appeal …
Article • August 15, 2008
California Court's Award of Attorney Fees to Sheriff's Deputies Investigated for Raping Prisoners Upheld by Several unidentified deputies of the Sheriff Department of Riverside County, California sued the county for not providing them with lawyers while they were being investigated for sexual misconduct involving prisoners. They prevailed and the court …
Federal Prison Guard's Drug Smuggling and Sexual Activities Warrant 46 Month Sentence by Former federal prison guard Celeste Akers appealed her sentence after smuggling drugs into a Bureau of Prisons facility in Forest City, Arkansas. The judgment was affirmed. Akers’ federal employment lasted from 2001 to 2005. A 2004 Department …
$300,000 Settlement in Murder of College Student by Released Sexual Predator by The State of Minnesota has paid $300,000 to the family of a University of North Dakota student who was kidnapped, raped and killed by a recently-released sexual predator. The payment was offered as a pre-litigation settlement before a …
Article • August 15, 2008 • from PLN August, 2008
Mentally Ill Woman Sues Over Seg-Cell Sex; County Settles for $40,000 by Twenty-nine-year-old Misha Cooper has a long history of mental illness and criminal offenses. In May 2006, she was confined in the Multnomah County Detention Center (MCDC) in Portland, Oregon. Due to her mental health issues she was placed …
Article • August 15, 2008
Jail Not Liable for Prisoner’s Rape by Cellmate by The plaintiff was raped by his cellmate in a county jail holding cell after being arrested for public intoxication. Defendants knew the cellmate was a disruptive individual but the district court found that they did not know he posed a risk …
Article • August 15, 2008
Delaware DOC Not Liable for Rape, Impregnation of Prisoner by Guard by The plaintiff alleged that she was raped by a guard, resulting in pregnancy; the officer was confirmed as 96% likely to be the father. At 420: "... [R]umors and innuendoes of sexual impropriety between inmates and prison guards …
Illinois Police Misconduct Investigative Documents Ordered Disclosed by Self-proclaimed journalist Jamie Kalven filed a motion to intervene in a 42 U.S.C. § 1983 action for police misconduct which subsequently settled. The motion was granted and production of the investigative documents he sought was ordered. Diane Bond brought an action against …
Improper Jury Instruction Vacates Four Aggravated Rape Charges Against Oklahoma Sheriff by Federal prisoner and ex-Larimer County (Oklahoma) Sheriff Melvin Holly appealed his conviction for five counts of felony deprivation of rights related to numerous incidents of sexual abuse. He claimed that an inappropriate jury instruction had resulted in the …
Squalor, Corruption Cause Cancellation of GEO Group’s TYC Contract by Gary Hunter When Texas Youth Commission (TYC) ombudsman Will Harrell toured the privately-operated Coke County Juvenile Justice Center in Bronte, Texas on September 24, 2007, he found children sleeping on dirty bed sheets, walls covered with smeared feces, urine-stained walls …
Article • July 15, 2008 • from PLN July, 2008
$100,000 Settlement in Illinois Jail Guard’s Forced Oral Sex of Female Prisoner by To settle a prisoner’s equal protection claim based upon sexual harassment, Illinois’ Tazewell County has agreed to pay the prisoner $100,000. The same prisoner also had consensual sex with another off-duty guard, resulting in his firing. The …
Article • July 15, 2008 • from PLN July, 2008
$35,00 Settlement in Sexual Assault of Pennsylvania Female Prisoner by Guard by The Pennsylvania Department of Corrections (PDOC) has settled a female prisoner’s federal lawsuit that claimed she was sexually assaulted by two male guards and videotaped naked by a female guard for $35,000. The settlement came in the case …
Article • July 15, 2008
Three More Oregon cops Fall on Sex Charges; Protect and Serve, Just Not Kids by Three more names can be added to the long list of Oregon law enforcement officials who are caught engaging in sexual misconduct involving minors. On September 19, 2007, Brian Ferguson, a 7-year veteran of the …
Article • July 15, 2008
Washington Cop Sexually Abuses 15-Year-Old Who Wins $325,583 at Trial by In 1995, Larry Jackman was a cop in the town of Wilkerson, Washington. On several occasions he had sex with then 15-year-old Crystal Bailey. She later sued Jackman and the town, claiming that Jackman had taken advantage of her. …
Article • July 15, 2008
Washington Guard Wins $72,000 in Race Discrimination Suit by Geronimo Subia, a guard at the Washington state women's prison at Purdy, sued in state court after he was placed on administrative leave for allegedly having sex with a female prisoner. Evidence that Caucasian guards pressured the prisoner to make the …
Article • July 15, 2008
Wrongful Arrest Leads to Rikers Island Rape and $206,900 Verdict by A New York man who was wrongfully arrested, detained and raped by a prisoner was awarded $206,900. Mr. Wade, a 23-year-old cook was arrested while he was a store patron, because he fit the description of another person who …
Article • July 15, 2008
Washington Parolee Rapes Woman Who Wins over $200,000 in Lawsuit by Martin Schandel, a paroled Washington state sex offender, raped Margaret Savage. She sued the state for negligent supervision because Schandel wasn't being tested for drug and alcohol use, and wasn't being required to participate in mental health treatment. At …
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