Child Rapist Sues for getting raped in jail

**WillBrink** · 08-30-14, 15:50

I guess he didn't read the fine print about how inmates view and treat child molesters and rapists in prison before he decided to be one. Sadly, he could actually win.

A convicted child molester and rapist has filed a civil rights lawsuit against a Washington state county claiming they failed to protect him from being forcibly raped by another inmate while in Garfield County jail.

The plaintiff, who remains unnamed by the Union Bulletin due to a policy of not naming victims of sexual assault, was held in a cell with inmate John Markwell in August 2011.

Markwell was abusive and intimidating towards him, and he informed jail personnel that he feared for his safety, according to the complaint filed in Walla Walla County Superior Court.

The complaint states that beginning on August 20, 2011, Markwell forcibly raped the unnamed plaintiff at least three times.

On May 9, 2012, Markwell was convicted on three counts of forcible rape by a jury. He was sentenced to life without parole.

The plaintiff claims in the lawsuit that he has suffered and continues to suffer from severe emotional distress, including nightmares and anxiety, because of the jail rapes.

“People who are incarcerated are extremely vulnerable. Prison rape and jail rape are huge problem,” Lee Rousso, the plainiff’s attorney, said. “From my perspective these are extremely serious allegations, and I hope that Garfield County will take them seriously.”

The amount of money the plaintiff seeks as damages will be determined at trial, reports kirotv.

The plaintiff was in jail on charges of rape of a child and child molestation. He pleaded guilty to both and is currently serving a 10 years to life sentence at Monroe Corrections Center.

- See more at: http://www.opposingviews.com/i/socie....RGgBiVKq.dpuf

**Moose-Knuckle** · 08-30-14, 15:54

I hope the judge throws out the frivolous lawsuit, and the pedophile gets thrown into the punk tank with the posse.

**MountainRaven** · 08-30-14, 16:08

"They failed to protect him".

Hmm.

If cops aren't legally bound to protect us, are prison guards legally bound to protect their prisoners?

**Averageman** · 08-30-14, 17:06

Instant Kharma.

**jmoney** · 08-30-14, 17:12

Originally Posted by Moose-Knuckle

I hope the judge throws out the frivolous lawsuit, and the pedophile gets thrown into the punk tank with the posse.

It won't, he actually has a legitimate claim. Don't know what he would do with the money though...

Originally Posted by Fjallhrafn

"They failed to protect him".

Hmm.

If cops aren't legally bound to protect us, are prison guards legally bound to protect their prisoners?

Yes, prisoners are under the care and custody of the prison. People are not under the care and custody of the police. The rule for cops is a public policy law that prevents law enforcement from lawsuit in the event of a failure to to act, while most situations it would seem common sense, the idea is to prevent people form judging a LEOs actions after an event.

**TriviaMonster** · 08-30-14, 17:34

So it cost everyone who lives there a few bucks there for a chomo to get raped? Win.

**MountainRaven** · 08-30-14, 17:40

Originally Posted by jmoney

It won't, he actually has a legitimate claim. Don't know what he would do with the money though...

Probably start a child pornography ring.

Yes, prisoners are under the care and custody of the prison. People are not under the care and custody of the police. The rule for cops is a public policy law that prevents law enforcement from lawsuit in the event of a failure to to act, while most situations it would seem common sense, the idea is to prevent people form judging a LEOs actions after an event.

So does every prison keep a slush fund with which to pay the families of inmates who are assaulted, murdered, and raped by other inmates (to say nothing of the prison guards themselves)?

**jmoney** · 08-30-14, 17:46

Originally Posted by Fjallhrafn

Probably start a child pornography ring.

So does every prison keep a slush fund with which to pay the families of inmates who are assaulted, murdered, and raped by other inmates (to say nothing of the prison guards themselves)?

Hah, nearly coughed up some beer when I read the first line.

Thats a good question, and I don't know the answer. I will venture a guess that there is a difference between private v. state institutions. Hell, it may even be covered by some kind of insurance, but I really don't have a definite answer for you. Inmates file these kinds of lawsuits (typically 8th amendment claims) at an extraordinary rate. This is usually thanks to lots of spare time, paper and a library. Nearly all of them get tossed. Here, the difference would rest on whether or not he gave the institution notice of the situation, there was great likelihood of the situation occurring; or that the event occurred, the prison was notified, and then did nothing to prevent it from happening again when there was a great likelihood of it occurring again.

If they knew and did nothing, he probably has a claim. I don't have access to west law at the moment but i'm sure a quick search on there would show what usually happens with these kinds of lawsuits.

**MorphCross** · 08-30-14, 17:48

Originally Posted by Fjallhrafn

Probably start a child pornography ring.

So does every prison keep a slush fund with which to pay the families of inmates who are assaulted, murdered, and raped by other inmates (to say nothing of the prison guards themselves)?

From prison? He would make more friends figuring a way to get drugs and cigarettes into prison then exploiting children.

The point of prisons is that the guards have to maintain discipline among their own ranks as well as among the prisoners. If they turn a blind eye to criminal actions in prison lawsuits are bound to happen. They can be sued and lose if an inmate who clearly discusses plans to and does commit suicide and they do nothing to prevent it through upping bed checks on that inmate.