Mental health worker assaulted woman, brother says

HUNTINGTON - The brother of a woman who lives in a Cabell County mental health facility claims a center employee forcibly sexually assaulted his sister.

Boyd Finley filed a suit Oct. 4 in Cabell Circuit Court against Green Acres Regional Center. Finley filed the suit on behalf of his sister, Mary Phyllis Finley, who has lived in Green Acres since 1999.

According to the suit, on the nights of May 10 and May 11, 2007, Mary Phyllis Finley claims an employee of the center, Russell Legg, entered her room and forcefully sexually assaulted her.

Boyd Finley claims his sister suffered, and continues to suffer, severe emotional distress, humiliation, embarrassment, and extreme mental anguish.

The suit says the "tortuous acts" of Legg were committed in the scope of his employment. Therefore, Boyd Finley claims Green Acres was negligent in their operating and hiring employees.

In the five-count suit, Finley seeks compensatory and punitive damages, attorney fees and court costs, and other relief the court finds necessary.

Attorney Richard E. Rowe is representing Finley. The case has been assigned to Judge John L. Cummings.

Cabell Circuit Court case number 07-C-881