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$334,432 Award for Woman Raped In Georgia Jail
In December 1992, a federal jury in Fulton County, Georgia, awarded
$334,432 to a woman who claimed she was raped by a guard while imprisoned
in the Forest Park city jail.
The plaintiff, Mary Isdell, claimed that while imprisoned in the Forest
Park jail guard Jack McBerry entered her cell and raped her. Security
cameras later recorded McBerry sexually harassing Isdell and another female
prisoner. McBerry was convicted of sexual harassment but was not tried
criminally for the rape.
Isdell sued McBerry and the City claiming McBerry violated her civil rights
and that the City was negligent for failing to adequately train jail
employees or implement policies to combat sexual assaults at the jail.
Isdell claimed psychological damage and mental anguish.
A jury in the U.S. District Court for the Northern District of Georgia
found for Isdell and awarded her $60,000 in compensatory damages and
$40,000 in punitive damages against McBerry, and $150,000 in punitive
damages against the City of Forest Park. Total award: $334,432. Isdell was
also awarded attorney fees and costs.
Isdell was represented by attorneys Bensonetta Tipton-Lane and Amy M.
Totenberg, both of Atlanta. Gordon Kamka provided expert testimony on
prison procedures. See: Isdell v. McBerry, USDC ND GA, Case No.
1:89CV1951-HPW.
Source: The Georgia Trial Reporter
$334,432 to a woman who claimed she was raped by a guard while imprisoned
in the Forest Park city jail.
The plaintiff, Mary Isdell, claimed that while imprisoned in the Forest
Park jail guard Jack McBerry entered her cell and raped her. Security
cameras later recorded McBerry sexually harassing Isdell and another female
prisoner. McBerry was convicted of sexual harassment but was not tried
criminally for the rape.
Isdell sued McBerry and the City claiming McBerry violated her civil rights
and that the City was negligent for failing to adequately train jail
employees or implement policies to combat sexual assaults at the jail.
Isdell claimed psychological damage and mental anguish.
A jury in the U.S. District Court for the Northern District of Georgia
found for Isdell and awarded her $60,000 in compensatory damages and
$40,000 in punitive damages against McBerry, and $150,000 in punitive
damages against the City of Forest Park. Total award: $334,432. Isdell was
also awarded attorney fees and costs.
Isdell was represented by attorneys Bensonetta Tipton-Lane and Amy M.
Totenberg, both of Atlanta. Gordon Kamka provided expert testimony on
prison procedures. See: Isdell v. McBerry, USDC ND GA, Case No.
1:89CV1951-HPW.
Source: The Georgia Trial Reporter
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Related legal case
Isdell v. McBerry
| Year | 1992 |
|---|---|
| Cite | USDC ND GA, Case No. 1:89CV1951-HPW |
| Level | District Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 334432 |
| Injunction Status | N/A |