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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