Inmate says officer forced her to perform oral sex

By Chris Dickerson | Feb 16, 2006

CHARLESTON – An inmate at the Southwestern Regional Jail near Logan claims she was forced to perform oral sex on a correctional officer at the facility.

Amanda Church of Monroe County filed the lawsuit Jan. 26 in Kanawha Circuit Court. She lists the West Virginia Regional Jail and Corrections Authority and Everette Marcum as defendants.

In the suit, Church says Marcum, a correction officer at the jail, subjected her "to sexual intercourse and/or sexual intrusion by requiring plaintiff to perform oral sex on Defendant Marcum. …

"It was Defendant Marcum and not plaintiff who initiated the sexual contact and plaintiff felt compelled by Defendant Marcum's authority over her to comply with his requests for sex and she did, in fact, perform the sex act required by Defendant Marcum.

"The sex act performed by the plaintiff at the direction of Defendant Marcum was an unprotected act of oral sex which resulted in the exchange of bodily fluids between plaintiff and Defendant Marcum."

After that, Church says Marcum threatened reprisal if she told anyone of what happened. She also says Marcum forced her to expose her breasts to him and that throughout the series of events, Marcum made numerous lewd comments of a sexual nature.

Church, who is represented by Lewisburg attorney Michael R. Whitt, says the Regional Jail Authority knew or should have known Marcum was engaging in inappropriate sexual conduct with the plaintiff and other inmates and that the authority neglected its duty to ensure she was jailed in an environment free of sexual assault.

Church says the incident caused her severe emotional distress and that Marcum's conduct was extreme and outrageous.

She also alleges that supervisors at the jail "acquiesced, and covered up and ratified" Marcum's behavior and failed to take appropriate steps to protect her from Marcum.

Church also says the jail authority failed to provide any counseling, medical attention or any care at all to her.

In addition, she claims the authority knew of similar incidents that occurred at the jail and have conspired to keep that information from being disclosed.

Church seeks a joint and several judgment of damages for humiliation, embarrassment, emotional and mental distress and loss of personal dignity, punitive damages, damages for pain and suffering, court costs, pre- and post-judgment interest, attorney fees, expenses and other relief.

She requests a jury trial.

The case has been assigned to Circuit Judge Duke Bloom.

Kanawha Circuit Court case number: 06-C-139

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