CHARLESTON – A Kanawha County woman is suing over claims she was sexually abused while incarcerated in Doddridge County.
Niccole Martin filed a lawsuit Oct. 31 in Kanawha Circuit Court against Jerrel Jones, C.O.B. Tingler, the West Virginia Regional Jail and Correctional Facility Authority and John Doe, citing sexual harassment.
According to the complaint, Martin was sexually abused, harassed and exploited at North Central Regional Jail in Doddridge County, by Jones, a correctional officer who was assigned to supervise her. Martin says Jones sexually harassed her, made inappropriate comments to her, sought sexual favors and engaged in sexual abuse, while Martin suffered fear of retaliation due to his authority.
The complaint states there has been a history of sexual harassment of female inmates by officers that has been met with indifference from the jail since it opened, and in Martin's instance, Tingler failed to deter and intervene to prevent the sexual abuse.
Martin says Jones was previously accused of sexual misconduct yet the defendants continued to assign him to directly supervise female inmates. The defendants are accused of cruel and unusual punishment and violating the plaintiff's constitutional rights.
Martin, Tingler and the Doe defendant also are accused of torts of sexual harassment, civil battery, civil assault, intentional infliction of emotional distress, civil conspiracy and negligent infliction of emotional distress.
Martin seeks compensatory and punitive damages, including future medical and pharmaceutical expenses, attorney fees and court costs.
She is represented by attorney Michael A. Woelfel of Huntington. The case has been assigned to Circuit Judge Jennifer Bailey Walker.
Kanawha Circuit Court case number: 14-C-1954