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Wednesday, March 11, 2009
Jury Upholds Award to Female Prisoners Sexually Abused by Guards
In 2008, a Michigan jury decided in favor of ten female prisoners who claimed to have been sexually abused during the 1990s by prison guards employed by the Scott Correctional Facility. They were awarded $15.5 million in damages, and many more cases are yet to be decided. The Michigan Department of Corrections lost their appeal in January 2009 but says it will likely appeal to the Supreme Court.
The case is part of a class action suit filed in 1996 involving more than 500 female inmates claiming sexual abuse by prison guards in Michigan prisons. According to Deborah LaBelle, the women’s’ attorney, this ruling, "reaffirmed the basic human rights of women in prison not to be sexually abused by state employees."
The apathy of many involved in this case is an indicator that little will be done to prevent its recurrence. One juror commented, "What happened is a terrible blot on the reputation of the State of Michigan." While this is true, is it really the primary issue? There seems to be no concern for the women who suffered from the abuses of state employees.
Deborah LaBelle also pointed out, "Neither the Department of Corrections nor the Attorney General's office, which is the head prosecutor in the state, believes they have an obligation to report or pursue criminal acts that occurred in a state facility." In fact, several of the allegedly involved guards who are still employed have been promoted, despite the potential breach of duty.
The women said that they were afraid to use the official reporting procedures at the time of the incidents due to fear of retaliation, which took the form of verbal or physical abuse, excessive searches, or fabricated disciplinary actions placed in their files that affected their credibility at parole hearings. Prisoners who made allegations were segregated “for their own safety,” and not allowed to attend classes or other programs.
The procedures further required that they tell the person, whom they were reporting for sexual abuse, that they intended to file a grievance. To make matters worse, some of the accused guards were assigned to investigate themselves. Prisoners’ accusations were not considered credible, while the employee was presumed to be credible.
The Cochran Firm, with offices throughout the United States, has personal injury, premises liability and municipal liability attorneys who are experienced in investigating and settling cases involving personal injury claims. If you have suffered a personal injury caused by a municipal employee’s actions, please contact the personal injury attorneys at The Cochran Firm in Detroit, Michigan for a consultation and case review.
The case is part of a class action suit filed in 1996 involving more than 500 female inmates claiming sexual abuse by prison guards in Michigan prisons. According to Deborah LaBelle, the women’s’ attorney, this ruling, "reaffirmed the basic human rights of women in prison not to be sexually abused by state employees."
The apathy of many involved in this case is an indicator that little will be done to prevent its recurrence. One juror commented, "What happened is a terrible blot on the reputation of the State of Michigan." While this is true, is it really the primary issue? There seems to be no concern for the women who suffered from the abuses of state employees.
Deborah LaBelle also pointed out, "Neither the Department of Corrections nor the Attorney General's office, which is the head prosecutor in the state, believes they have an obligation to report or pursue criminal acts that occurred in a state facility." In fact, several of the allegedly involved guards who are still employed have been promoted, despite the potential breach of duty.
The women said that they were afraid to use the official reporting procedures at the time of the incidents due to fear of retaliation, which took the form of verbal or physical abuse, excessive searches, or fabricated disciplinary actions placed in their files that affected their credibility at parole hearings. Prisoners who made allegations were segregated “for their own safety,” and not allowed to attend classes or other programs.
The procedures further required that they tell the person, whom they were reporting for sexual abuse, that they intended to file a grievance. To make matters worse, some of the accused guards were assigned to investigate themselves. Prisoners’ accusations were not considered credible, while the employee was presumed to be credible.
The Cochran Firm, with offices throughout the United States, has personal injury, premises liability and municipal liability attorneys who are experienced in investigating and settling cases involving personal injury claims. If you have suffered a personal injury caused by a municipal employee’s actions, please contact the personal injury attorneys at The Cochran Firm in Detroit, Michigan for a consultation and case review.
Labels: Detroit
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