Bluefield Daily Telegraph, Bluefield, WV

WV State News

March 30, 2014

W.Va. court dismisses suit alleging jail rape

CHARLESTON (AP) — The West Virginia Supreme Court has dismissed a lawsuit against the state Regional Jail Authority that alleged a male correctional officer repeatedly raped a female inmate.

The court says the authority is entitled to immunity because the woman failed to provide any evidence that the officer’s alleged actions occurred within the scope of his employment.

In her lawsuit, the woman alleged that the officer raped her 17 times while she was an inmate at the Southern Regional Jail in 2009. The lawsuit claimed the authority was negligent in training, supervision and retention of the officer.

The court says the woman didn’t identify any training, supervision or retention regulation that the authority had violated.

The Charleston Gazette says the court issued its 4-1 opinion Thursday. Chief Justice Robin Davis dissented.

 

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