TALLAHASSEE, Florida – A federal prison inmate says she was brutally raped twice and endured other forms of sexual abuse from an officer who previously had been accused of the same actions at the same prison.
The woman, identified only as J.C., filed her complaint May 29 in U.S. District Court for the Northern District of Florida against the federal government, Officer Jimmy Highsmith, Warden T.A. Jones, Warden Craig Coil, Special Investigations Services Officer Ronald Proffitt, Officer Geoffrey Brown, Officer Manuel Pulido and Nakamoto Group Inc.
“Prison employees raping female inmates is a pervasive problem across the country,” L. Dante diTrapano, one of the attorneys representing the plaintiff, told The West Virginia Record. “This case involves a perpetrator that the government paid a settlement for in a prior rape case and then placed him back in the same prison where he raped again. This needs to be stopped.”
DiTrapano, who works for the law firm of Calwell Luce diTrapano in Charleston, has filed similar cases regarding federal prisons in West Virginia.
The 43-page complaint details Highsmith’s history of sexual abuse against prisoners dating back to at least 2014, and it also alleges Nakamoto failed to live up to its contract to audit the Bureau of Prisons’ Prison Rape Elimination Act (PREA).
According to the complaint, Highsmith was hired by the BOP in 2007. He transferred to Federal Correctional Institute Tallahassee in 2010.
In 2014, Highsmith was accused of sexually assaulting at least one inmate at FCI Tallahassee. After an investigation, officials said he “likely sexually abused inmates” and that his denials “were not credible” and were “inconsistent.” Officials, including Warden Jones, were aware of the allegations against Highsmith, “yet she did not seek to have Highsmith removed.”
Jones decided Highsmith’s punishment would be a 10-day suspension. One of the women, identified as T.D., filed a complaint in federal court in January 2017 against the federal government, Highsmith and others alleging she had been sexually assaulted by Highsmith. The case was settled in February 2018 “for a considerable monetary amount.”
In June 2018, Hightower raped another inmate, according to the complaint. That woman was treated in July 2018 for injuries resulting from being anally raped by Highsmith, the complaint states.
In March 2017, J.C. was admitted to FCI Tallahassee following a drug offense. By July 2018, “Highsmith began a campaign of sexualized harassment against J.C.”
“This pattern of conduct included Highsmith’s paying an inordinate number of visits to her living area, paying extra attention to her and unnecessarily getting physically close to her,” the complaint states. “This pattern of contact with J.C. worsened to the extent that Highsmith began openly leering at her while she was in her living area, in the main dining room or while she was in transit from one area of the compound to another.”
J.C. says she was being targeted by Highsmith for sexual assault and tried to keep her distance from him. The following month, she needed to get menstrual hygiene products and a form she needed to fill out at the guard’s office.
“When she appeared at the door to the guard’s office, Highsmith approached J.C. and grabber her jaw,” the complaint states. “Highsmith pulled J.C. toward him by her face with his one hand, with his thumb and forefinger forcefully digging into each of her cheeks. This caused J.C. significant physical pain.
“Highsmith physically pulled J.C.’s jaw toward his face and forcefully kissed her.”
J.C. says she didn’t report the incident for fear of retaliation, even though she says she feared he would attack her again. Another inmate, identified as S.P., was disciplined for arguing with Highsmith about his predatory behavior.
A short time later, Highsmith verbally ordered J.C. to come to his office, which is at the end of a corridor with a dead-end and a staff bathroom.
“Highsmith suddenly stood between J.C. and the open end of the hallway, blocking her in at the dead-end,” the complaint states. “J.C. had nowhere to turn around, and Highsmith immediately unbuttoned her shirt and attempted to fondle her breasts.
“Highsmith shoved his hand down the front of J.C.’s pants over her underwear and grasped at her vulva.”
That assault was interrupted by the announcement of a regularly scheduled time period that Hightower had to oversee.
In September 2018, Highsmith awakened J.C. in her bunch and told her to report to the guard’s office to see Brown. Highsmith then pushed J.C. into the staff bathroom, where he forcibly kissed her and began shaking her head by her hair. He shoved her head down and shoved his penis into her mouth, the complaint states. After nearly being interrupted by another officer, Highsmith then raped J.C.
That other officer, named Love, confronted Highsmith and argued with him after the rape. Both of them, along with J.C., then went to the lieutenant;s office. J.C. was taken to the Special Housing Unit immediately, but she refused to discuss the rape incident for more than a week out of fear of retaliation by Highsmith.
On Sept. 21, 2018, J.C. told authorities she was ready to talk about the incident. Three days later, she talked to Warden Coil and SIS Officer Proffitt and provided a detailed statement.
J.C. says Highsmith continued to work at FCI Tallahassee and continued to sexually assault female inmates until he was transferred to another BOP facility. At least one of those women also filed a federal lawsuit against the federal government, Highsmith and others.
J.C. accuses Highsmith of sexual abuse, battery and sexual assault. She accuses Jones, Coil, Proffitt, Brown and Pulido of failure to intervene and deliberate indifference. She accuses the federal government of negligence and intentional infliction of emotional distress. She accuses Nakamoto of negligence and breach of contract.
She seeks compensatory damages, punitive damages, attorney fees, court costs and other relief.
She is being represented by diTrapano, Benjamin Adams and Alex McLaughlin with Calwell Luce diTrapano; Jay T. McCamic of McCamic Law Firm in Wheeling; Anthony I. Werner of John & Werner Law Offices in Wheeling; and Steve R. Andrews and Ryan J. Andrews of The Andrews Lw Fir in Tallahassee, Fla.
U.S. District Court for the Northern District of Florida case number 4:20-cv-00283
