Comparables for Judgments and Settlements of Male Guard on Female Inmate Sexual Assault Cases, Ashlie Case and Ashley Walker, 2005
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Comparables for judgments and settlements of male guard on female inmate sexual assault cases Prepared by Ashlie Case and Ashley Walker 2/2/2005 Page 1 of 10 case name citation 1) GRABBARD v. WAYNE COUNTY 1992 WL 505756 (Mich.Ci r.Ct.), JVR No. 108,874 2) CONEY v. STEPHENS 1995 WL 797572 (S.D.Ga .), JVR No. 168,853 year plaintiff age 1992 1995 25 adult state Michigan Georgia prison facility County County claim molestation, negligence for failing to provide measures to prevent sexually abused, negligence injury emotional distress posttraum atic stress disorder settlement or judgment Defense Judgment Defense Judgment Compen satory damage s plaintiff $ 0 0 Total Award per plaintiff $ Punitive damages per plaintiff $ 0 0 0 0 defendant(s) named conduct as described notes County, SHERIFF'S DEPARTME NT, prison guard verbally and sexually harassed, sexually molested her by touching and kissing her physical lay out of prison prevented conduct sexually abused, coerced conspiracy with four other plaintiffs and former sheriff deputy to make false accusations County, Sheriff, Jailor 1 3) JACOBSON v. HARRIS COUNTY 1994 WL 765599 (S.D.Te x.), JVR No. 143,707 4) JANE DOE V. WACKENHU T CORRECTI ONS CORPORAT ION 2001 WL 182487 6 (Tex.Dis t.) 5) EAGERTON v. ROWLAND Case No. CIV F90-0618 1994 Texas 2001 1995 Texas 25 to 60 California County Private Jailor State Defense Verdict negligence Defendant Jury Verdict sexual assault Constitutional claims emotional distress Settlement 0 0 22,800 0 0 0 0 0 22,800 County rape Private jailor, guard sexual assault State, Director of DOC, guards watched and touched inappropria tely; and that they were put in fear that they would be sexually assaulted jury based decision on plaintiff's lack of credibility 2 6) Carino v. Ector County 2001 7) Gallagher v. County of Volusia 1995 WL 943698 (LRP Jury) 8) ROLLINS v. CITY OF WAYNESBO RO 1995 WL 108637 0 (S.D.Ga .), JVR No. 362,702 1995 1995 in 40s adult adult Texas Florida Georgia sexual abuse Settlement 25,000 0 25,000 Deputy sheriff, county sexual assault, supervisory liability psychologi cal damage Settlement 25,000 0 25,000 county rape emotional distress 34,000 City, correctional officer County County City Settlement 34,000 0 assault, fondling, four incidents rape defense was that sexual conduct was consensual 3 9) WARE v. JACKSON COUNTY 1996 WL 314125 (W.D.M o.), JVR No. 177,538 10) BARELA v. Dona Ana County 1999 WL 335642 64 (N.M. Dist.) 1999 11) Hock v. Thipedeau 238 F.Supp. 2d 451 (D.Conn .2002) 2002 1996 adult Missouri 13 adult County New Mexico County Connectic ut state rape, negligence, failure to correct pattern of sexual and other misconduct by guard sexual assault emotional distress Plaintiff Verdict 50,000 0 50,000 County rape defendant denied rape occurred guard pled guilty in criminal proceedings overturned for failure to exhaust Settlement 57,500 0 57,500 County molestatio n jury 30,001 30,000 60,001 guard sexually assaulted 4 12) Riley v. Olk-Long 282 F.3d 592 (8th Cir. 2002) 13) Lucas v. White No. CV96-2905 TEH (1996) 14) BeersCapitol v. Whetzel 256 F.3d 120 (3rd Cir. 2001) 2002 1996 2001 adult Iowa three adult females California (FDC Pleasanto n) adult Pennsylva nia State failure to protect jury Federal (N.D.Cal.) Sexual assaults, plus lack of adequate training, policies, and procedures that allowed the assaults to occur ADR settlement including wide range of reforms state jury 45,000 30,000 75,000 166,667 0 166,667 raped, fondled, harassed, impregnat ed by guard housed in men's units, cell doors left open for sexual assault by male inmates and correction al officers, retaliation (physical 200,000 sexually assaulted 200,000 warden guard punatives = 5,000 v. security director, 25,000 v. warden guard convicted of criminal charges 5 15) C.B. vs. STATE OF NEW YORK 2001 WL 182153 9 (Court of Claims), 18 NY. J.V.R.A. 6:5 16) Doe v. Idaho Rocky Mountai n Verdicts & Settlem ents, 4/96, Volume 9, Issue No. 4 17) ISDELL v. MCBERRY 1992 WL 552623 (N.D.Ga .), JVR No. 119,132 2001 30s 1996 1992 New York Idaho in 20s Georgia State failure to protect aggravatio n of depressio n and bipolar disorder State City Settlement after liability phase of trial Settlement civil rights, failure to implement sexual harassment prevention measures emotional distress, mental anguish, psychologi cal damage Plaintiff Verdict 225,000 225,000 110,000 0 0 190,000 225,000 225,000 300,000 State DOC State, correctional officer City (50/150k), guard (60/40k) coerced sexual intercours e, defendant offered her segregate d housing as protection after initial rapes Judge recommended settlement amount. Settled before trial on damages. There were two previous rapes for which SOL had expired. rape (2 times) co successfully prosecuted, prison's in-house investigation docs destroyed. State settled several other cases involving same co for from $15k to $225k (ranging from fondling to intercourse). sexually harassed and raped, conviction of sexual contact guard was convicted of sexual harassment based on video tape evidence. 6 hours of jury deliberation on civil suit. 6 18) RIGOTTI v. SALINE COUNTY 2001 WL 159089 2 (W.D.M o.), JVR No. 391,912 2001 19) Peddle 20) Daskalea v. District of Columbia 227 F.3d 433 (DC Cir. 2000) 2000 adult Missouri adult Connectic ut adult DC County DC failure to properly hire and supervise 1983 emotional distress defendant denied liability 350,000 0 350,000 Settlement 350,000 0 350,000 Threats to family also alleged 350,000 Appellate court reversed $5,000,000 awarded in punative damages Plaintiff Jury Verdict 350,000 0 County sexual abuse Settlement DC, prison officials rape and sexual assault 7 21) BABER v. MCDONALD 1991 WL 449146 (Unkno wn State Ct.), JVR No. 70,765 22) Fowler VS. CORRECTI ONAL SERVICES CORPORAT ION 2001 WL 182548 4 (Tex.Dis t.) 23) SHOTWELL v. SWINT 2000 WL 126636 4 (E.D.Te x.), JVR No. 376,833 1991 2001 2003 34 17 to 33 Connectic ut Texas 33 Texas State assault Private Jailor negligence, deliberate indifference, failure to protect State threats, assault, failure to supervise emotional distress mental anguish sexual assaults Plaintiff Verdict Plaintiff Verdict Plaintiff Judgment 385,000 433,000 1,000,0 00 0 500,000 0 385,000 933,000 1,000,0 00 prison guard sexually assaulted Private jailor sexual assaults, harassme nt chief of security, state agency Directed verdict. Attorney John R. Williams, new Haven, CT (William and Pattis) default judgment against the perpetrator and settlement with the state for $5,000 8 24) Downey v. Denton County 119 F.3d 381 (5th Cir. 1997) 25) Maslo v. Evans 2004 WL 246887 1 (E.D.Pa. ) 26) Toon v. Wackenhut Corr. Corp. 250 F.3d 950 (5th Cir. 2001) 1997 adult Pennsylva nia 2004 2001 TX juveniles county assault, failure to protect State sexually assaulted, failure to protect, supervisory liability Private Jailor bench verdict Settlement mediation settlement 1,100,0 00 1,250,0 00 1,500,0 00 0 0 0 1,100,0 00 guard, county sexually assaulted, impregnat ed 1,250,0 00 State trooper, state police commanders sexual misconduc t 1,500,0 00 state law claims ultimately successful, 1983 dismissed. Only 100,000 was against county, the rest against guard. sexually, physically, mentally abused 9 27) B v. AMENT 28) A v. AMENT 29) SHIRLEY vs. MIKE MILLER 1999 WL 133370 6 (Unkno wn State Ct.), JVR No. 369,156 , Cause No. A98CA-5-3 1999 WL 133370 5 (Unkno wn State Ct.), JVR No. 369,154 , Cause No. A98CA-5-3 Case No. 4:02CV-200A 1999 1999 2003 adult Texas adult Texas 47 Texas State State FederalCarswell failure to protect and supervise, Plaintiff Verdict failure to protect and supervise, Bivens Action (4th, 5th and 8th Amendments) Plaintiff Verdict pain, mental anguish, medical Plaintiff Jury Verdict 400,000 700,000 2,000,0 00 1,500,000 1,500,000 2,000,000 1,900,0 00 parole officer, captain, warden, investigator, institution 2,200,0 00 parole officer, captain, warden, investigator, institution 4,000,0 00 Correctional officer sexually assaulted only parole officer held liable and investigator settled with two plaintiffs for $95,000 sexually assaulted only parole officer held liable and investigator settled with two plaintiffs for $95,000 rape article notes that since 1997 seven Carswell workers have been fired, indicted, or convicted of sexual misconduct 10
