Woman sues Division of Corrections, officers for sexual misconduct

By Kyla Asbury | Jun 1, 2010

CHARLESTON -- A woman who was incarcerated in the Lakin Correctional Center is suing the West Virginia Division of Corrections, correctional officers and others after she claims she was sexually assaulted, abused and harassed.

Between May and August 2008, Tracy Jividen was deprived of rights, privileges and immunities during her incarceration, according to two complaints filed May 5 and May 6 in Kanawha Circuit Court.

Jividen claims during her incarceration C.O. Anderson and C.O. Rees sexually assaulted, sexually abused and sexually harassed her.

Jividen claims the defendants negligently allowed Anderson's and Rees' conduct.

The defendants negligently failed to supervise Anderson, Rees and John Doe; negligently failed to properly train Anderson, Rees and Doe; negligently retained employment of Anderson, Rees and Doe; negligently hired Anderson, Rees and Doe; negligently staffed Lakin Correctional Center; and negligently failed to intervene on Jividen's behalf, according to the suit.

Jividen is seeking compensatory and punitive damages. She is being represented by Kerry A. Nessel.

The Anderson case has been assigned to Circuit Judge Carrie Webster, and the Rees case to Judge Jennifer Bailey.

Kanawha Circuit Court case number: 10-C-830 (Rees) and 10-C-845 (Anderson)

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