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Inmate rights case dismissed
By The Kentucky Enquirer
Published: 06/08/2006

COVINGTON, OH - A federal judge has dismissed a civil rights lawsuit filed against the Kenton County jail by a former inmate who claimed he was raped at the facility.

U.S. District Judge William Bertelsman of CovingtonĀ said the former inmate failed to show he had exhausted all administrative remedies, as required by the Prison Litigation Reform Act of 1995.

"We were confident that when given our day in court we would prevail," said Col. Rodney Ballard, chief deputy of jail operations. "We were very pleased with the aggressiveness of the defense of the jail that was presented by the Kenton County Attorney's Office."

Kenton County Attorney Garry Edmondson said his office would continue to vigorously defend the jail against claims of abuse.

"When this case was filed in March, I predicted that it would ultimately be dismissed," he said. "It is easy to make such a prediction when lawsuits with baseless claims, such as this particular case, are presented to the court."

Jail officials had previously said the former inmate's claims had been thoroughly investigated. Kenton County police assigned a detective to the case but the commonwealth's attorney said there wasn't enough evidence that a felony was committed.

Police claim the inmate declined to file misdemeanor assault charges in connection to the alleged assault. The inmate's attorney, Charles Schaffner of Covington, couldn't be reached Wednesday afternoon for comment.

Schaffner had claimed his client was mentally ill, placed in a cell with violent inmates and not given proper medical treatment. The lawsuit described a series of abuses the plaintiff was allegedly put through by other inmates, none of whom were identified.

Schaffner claimed his client was "tortured by being subject to scalding liquids thrown upon his person while naked."

Edmondson said the case is the latest in a string of frivolous lawsuits filed against the jail. He is defending the jail against a federal suit claiming the jail is grossly overcrowded.

Lawyer Robert Newman of Cincinnati brought the overcrowding suit on March 22, also in U.S. District Court in Covington. He has asked that his suit be granted class-action status to include current and additional former inmates.


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