Woman claims she was restrained, sexually assaulted by correctional officer

HUNTINGTON -- A woman is suing over claims she was sexually assaulted by a West Virginia correctional officer while restrained.

Erica Brofford filed a lawsuit April 18 in Cabell Circuit Court against St. Mary's Medical Center Inc., doing business as St. Mary's Medical Center, West Virginia Regional Jail and Correctional Facility Authority, Jason Michael McComas and Joseph Delong.

According to the complaint, Brofford was raped by Correctional Officer McComas on March 24, 2013, while she was hospitalized in St. Mary's Medical Center in the custody of West Virginia Regional Jail and Correctional Facility Authority. The defendants, including WVRJCA executive director Delong, are accused of failing to provide safety to Brofford and negligently charging a restrained female in custody to a male correctional officer in seclusion.

Brofford is seeking compensatory and punitive damages and the adoption of policies by the WVRJCA to prevent others from experiencing the same violation of rights.

She is being represented in the case by attorney Jay C. Love. The case has been assigned to Circuit Judge Christopher D. Chiles.

Cabell Circuit Court Case No. 14-C-328.