HUNTINGTON - A woman is suing the West Virginia Regional Jail and Correctional Facility Authority after she claims she was sexually harassed and raped while she was incarcerated at Western Regional Jail.
C.O. Lloyd Erwin and John Doe were also named as defendants in the suit, which is the second one Angela Regueno has filed against Erwin.
Regueno was incarcerated in the Western Regional Jail and was sexually harassed, sexually abused, sexually exploited and raped by Erwin, according to a complaint filed Oct. 10 in Cabell Circuit Court.
Regueno claims Erwin raped her on no less than two occasions and threatened her with additional punishment and contrived violations.
WVRJA and Doe negligently allowed the conduct to occur, according to the suit.
Regueno claims the jail authority failed to provide her with a safe facility and by failing to see to her safety.
During Regueno's incarceration, Erwin visited extreme cruel and unusual punishment upon her, according to the suit.
Regueno claims the defendants caused her to suffer anxiety; humiliation; annoyance and inconvenience; pain and suffering; mental anguish; loss of her ability to enjoy life; physical injury; future medical and pharmaceutical expenses; and other damages.
The defendants also violated Regueno's Fourth, Eighth, Ninth and 14th Amendment rights, according to the suit.
Regueno is seeking compensatory and punitive damages. She is being represented by Kerry A. Nessel of the Nessel Law Firm.
Nessel is facing accusations brought by the Lawyer Disciplinary Board that he solicited business from inmates for frivolous sexual abuse lawsuits, according to the Charleston Daily Mail.
Regueno's lawsuit was re-filed pursuant to West Virginia code, as it was removed from Kanawha Circuit Court to the U.S. District Court. On May 1, District Judge Joseph R. Goodwin dismissed the matter without prejudice.
Her first civil action also claimed her 11th Amendment rights had been violated. Goodwin stated in his order granting dismissal that individual defendants employed by state agencies and sued in their official capacities are immune from suit in federal court under the 11th Amendment.
The case has been assigned to Circuit Judge David M. Pancake.
Cabell Circuit Court case number: 13-C-752