Inmate claimed supervisor sexually assaulted him

Inmate claimed supervisor sexually assaulted him

Type:

Settlement

Amount:

$100,000

State:

Texas

Venue:

Federal

Court:

United States District Court, Southern District, Houston, TX

Injury Type(s): other - rape

Case Type: Case Name: Date:

Civil Rights - 42 USC 1983; Prisoners' Rights Intentional Torts - Sexual Assault; Assault and Battery

Nathan Essary (#823377), Daniel Unit, Snyder, Texas v. Michael Chaney, former Corrections Officer, Luther Unit; Warden Jerry Barrett, Assistant Warden, Luther Unit, No. NEVMC150116

December 02, 2004

Plaintiff(s):

Nathan Essary (Male, 22 Years)

Plaintiff Attorney(s):

Defendant(s):

Meredith Martin Rountree; Director of the ACLU of Texas' Prison and Jail Accountability Project; Austin TX for Nathan Essary

Margaret Winter; National Prison Project of the ACLU Foundation; Washington DC for Nathan Essary

Amy Fettig; National Prison Project of the ACLU Foundation; Washington DC for Nathan Essary

Craig Cowie; National Prison Project of the ACLU Foundation; Washington DC for Nathan Essary

Jerry Barrett Michael Chaney

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Defense Attorney(s):

Facts:

David A. Harris; Office of the Attorney General, Law Enforcement Division; Austin, TX for Michael Chaney

Seth Dennis; Office of the Texas Attorney General, Law Enforcement Division; Austin, TX for Jerry Barrett

In May 2001, plaintiff Nathan Essary, 22, slightly built, with little prison experience, was transferred from a mental health unit in the Texas prison system to the Luther Unit in Navasota as a minimal custody inmate. Essary had been housed at the mental health unit after being gang-raped at another unit and becoming suicidal. Immediately after arriving at Luther, Essary alleged, he was assigned to work in the laundry, where its first-shift manager, Michael Chaney, was widely known for sexually harassing inmate workers. Essary also claimed that the warden, Jerry Barrett, had been notified of this activity and done nothing to stop it.

Chaney allegedly began acting in a suggestive manner towards Essary, so after about a week, Essary managed to get his assignment changed to the second shift. Beginning in late July or early August 2001, Chaney was periodically assigned to the second shift, and he allegedly began touching Essary, patting him, rubbing his back and stroking Essary' s face. Despite Essary's pleas to stop Chaney's verbal harassment and unwanted touching, Essary alleged, Chaney grabbed Essary by the buttocks and genitals.

In late September or early October, Chaney allegedly began making Essary work late as the laundry janitor. One evening, Essary claimed, Chaney locked all of the laundry doors and ordered Essary into the shower room, where Chaney pulled down his pants and ordered Essary to masturbate him or he would write him up on a false disciplinary charge. After obeying the order, while Chaney went to get a towel to clean up, Essary claimed, he used his handkerchief to wipe a small sample of Chaney's ejaculate from his hand. He cut a piece off the handkerchief and sent it to the U.S. Attorney's Office in Houston.

About a week later, Essary alleged, Chaney threatened to make Essary's life a "living hell" if he did not perform oral sex on him in the captain's bathroom. Essary allegedly gagged and spit up some of the ejaculate but again captured some of the ejaculate from the floor. On Oct. 31, Essary met with a prison psychologist who allegedly had received complaints against Chaney from other inmates. The psychologist arranged for Essary to tell the warden that Chaney was sexually assaulting him. The warden told Essary that he would get a job change. However, that same afternoon, Chaney arrived at Essary's cell and told him to come to work. He allegedly said that he knew Essary was getting a job change, so they could "do it one more time" that evening.

Before 9 p.m., Chaney allegedly sent the other inmates back to their cells and started kissing Essary's mouth, neck and face and trying to force his tongue down Essary's throat. Chaney allegedly ordered Essary to "get hard," but when Essary could not comply, Chaney ordered Essary to masturbate him again.

Chaney was indicted on May 30, 2002, on one count of aggravated sexual assault and improper sexual activity, after DNA evidence linked him to the crime against Essary.

Essary sued Chaney, alleging violations of his rights under the Eighth and Fourteenth Amendments of the U.S. Constitution and 42 U.S. sec. 1983; outrageous conduct and intentional infliction of emotional distress; sexual assault and battery; and false imprisonment. Essary sued Barrett, alleging that the warden failed to protect him from

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Injury: Result:

substantial risk of harm in violation of his rights under the Eighth and Fourteenth Amendments of the U.S. Constitution and 42 U.S. sec. 1983.

Both Chaney and Barrett denied the allegations. pointing out that Essary never lodged a formal complaint to the Texas Department of Corrections. However, with criminal charges pending against Chaney, his attorney contended, it was difficult to defend against the civil action. Although vehemently and adamantly contending that he never molested Essary, Chaney asserted his Fifth Amendment right against self-incrimination. "His hands were tied behind his back," his attorney contended. Further, the defendants asserted, it was the prison system, not the U.S. attorney, that investigated Essary's report to the psychologist and the warden, and the prison system conducted a criminal investigation into the charges. Barrett and Chaney also disputed whether Essary was forced to go to work on the night of the final alleged assault, because the warden had already changed Essary's job assignment.

Essary claimed physical injuries, excruciating emotional pain, psychological injury, humiliation, embarrassment and constant fear due to the pervasive treat of violence, sexual assault and sexual harassment.

The defendants countered that if Essary had reported the first alleged assault, the warden would have ensured Essary's protection from later incidents. Instead, they said, he blamed a medical problem on his reason for getting reassigned to the second shift.

Essary accepted a settlement in which Chaney and Barrett agreed to pay "substantial money damages," reported the American Civil Liberties Union. Specifically, Barrett agreed to pay $100,000, which was indemnified by the Texas prison system. However, because of the criminal charges, the state of Texas did not indemnify Chaney, who agreed to pay Essary the amount of money in his bank account, $13,000; deed his beach house property, tax-valued at $33,000 to Essary, and pay Essary $50 a week for the next 10 years.

Trial Information:

Judge:

Lee H. Rosenthal

Editor's Comment:

The assistant attorney general representing Chaney reported that Chaney's criminal trial still has not been set.

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