Man sues City of South Charleston for sexual assault in rec center

CHARLESTON -- A man is suing the City of South Charleston after he claims he was sexually assaulted while at the South Charleston Recreational Center.

On Oct. 18, 2010, Ricky Allen Clay was utilizing the facilities at the South Charleston Recreational Center and was in the shower room/steam room when he was sexually assaulted by a person unknown to him, according to a complaint filed Oct. 16 in Kanawha Circuit Court.

Clay claims the City of South Charleston was negligent in failing to have adequate security on duty at the recreational center and/or security cameras at the facility were either not functioning or were for display purposes only.

The defendant knew or should have known that the attendance of security officers and the placement of adequate, functioning security cameras would serve a deterrent effect both as to the prevention of assaults and would further serve as an identification measure should such assault occur, according to the suit.

Clay claims that as a result of the defendant’s negligence, he suffered severe and distinct physical, mental and emotional injuries that required medical attention; incurred medical expenses; suffered loss of capacity to enjoy life; suffered loss of potential earnings; suffered mental anguish, pain and suffering; and suffered great annoyance and inconvenience.

The defendant was negligent in failing to ensure that the security officers were on duty at the place and time of the sexual assault and were negligent in failing to have in place adequate, functioning security camera, all of which were a probable cause of the injuries to Clay, according to the suit.

Clay is seeking compensatory damages. He is being represented by Michael T. Clifford and Richelle K. Garlow.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-2089