Inmate was sexually assaulted by corrections officer at prison near Gig Harbor, lawsuit says
An inmate at the Washington Corrections Center for Women has sued the state, alleging that she was sexually assaulted by a prison guard and that the Department of Corrections hasn’t provided records of the investigation.
Marcella Taylor, 46, filed her lawsuit last month in Pierce County Superior Court, seeking unspecified damages.
“Obviously it’s important to make sure that we are enforcing the rights of prisoners in Washington state who are there under state supervision and should be protected by the Department of Corrections,” her attorney, Sam Daheim, told The News Tribune. “Making sure those people are safe should be a priority by the state of Washington.”
The News Tribune asked the state Department of Corrections for comment about the lawsuit and whether the guard was still working at the prison near Gig Harbor.
A spokesperson said the guard, who has worked for the agency since 2002, currently works in its statewide records unit.
“... we take allegations of misconduct very seriously,” spokesperson Janelle Guthrie wrote. “The Department has zero tolerance for sexual misconduct of any kind and has extensive policies, procedures, and training around responding to and investigating allegations of sexual misconduct.”
An answer the agency filed to the lawsuit acknowledges that an investigation was completed, but denies Taylor’s allegations.
The officer has not been criminally charged.
Taylor’s complaint gives this account:
She was sexually assaulted by the corrections officer in November 2016 while she was working. Daheim said he thought Taylor was a custodian.
“Plaintiff Taylor was unable to defend herself and she remained in disbelief for several weeks after the assault,” the lawsuit says.
Later that month the officer sexually assaulted her again, “this time leaving bite marks for which she sought medical attention,” the lawsuit says.
Taylor allegedly reported the incident and handed over underwear she was wearing when the assault happened.
“Upon information and belief, an investigation was launched,” the lawsuit says. “However, Plaintiff, by and through her counsel of record has requested via Public Records Act requests, all documents pertaining to that investigation and, over a year later, no relevant records have been provided.”
The lawsuit alleges that the Department of Corrections failed to protect Taylor, that she suffered emotional distress and that state public records law was violated.
“To date, none of the records from the investigation into her sexual assault allegations have been provided,” the lawsuit says. “Accordingly, she files the present lawsuit, in part, to enforce her rights under the Washington PRA (Public Records Act) to government transparency and equal access to public records.”
The Spokesman-Review reported that Taylor was sentenced to almost 30 years in prison in 1996 for the murder of a Spokane woman.
This story was originally published November 11, 2019 at 6:00 AM.
