CHARLESTON — An inmate at the Charleston Correctional Center has filed a lawsuit against a prison guard and the West Virginia Corrections department, alleging she was "manipulated and threatened" into performing unwanted sexual acts.
The plaintiff, who is identified as M.E.C. in court filings, named corrections officer Jessey McQuay in the lawsuit, filed in Kanawha Circuit Court. She also names as defendants the West Virginia Division of Corrections and John Doe.
M.E.C. claims that her constitutional rights were violated. She also alleges negligent infliction of emotional distress, invasion of privacy, negligence, assault, battery and tort of outrage.
M.E.C. alleges in court documents that she was repeatedly sexually abused, harassed, and humiliated by the correctional officer while incarcerated at the facility. She claims that McQuay repeatedly made "lewd comments," forced her to undress in front of him, and perform unwanted sexual acts on him.
She alleges that the guard "preyed" on other female inmates at the facility. M.E.C. further claims that the state corrections department failed to property train and supervise McQuay, claiming oversight was of "deliberate indifference and disregard for the welfare of the victim."
M.E.C. cites violation of the Prison Rape Elimination Act.
The plaintiff holds McQuay, West Virginia Division of Corrections and John Doe responsible because the defendants allegedly owed a duty to M.E.C to provide a "safe confinement facility and were grossly negligent in their actions," according to the lawsuit.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, past and future medical treatments and emotional distress. She further seeks for court costs and attorney's fees and other relief the court may find fair and proper. She is represented by Troy N. Giatras and Phillip A. Childs of The Giatras Law Firm in Charleston.
Kanawha Circuit Court Case number 18-C-831