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| Woman claiming rape by sheriff is suing |
| By Mcalester News Capital |
| Published: 12/13/2004 |
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A woman who says she was sexually abused by Former Sheriff Melvin Holly plans to sue Latimer County, Okla. Former county jail inmate Summer Hyslop is asking for relief "in excess of $10,000," but the suit won't go forward until Latimer County commissioners deny the claim or 90 days passes, according to Tulsa attorney Edward G. Lyndsey, who is representing Hyslop. The notice of tort claim, Lyndsey said, is "basically an administrative deal." Holly, 63, has been indicted in federal court for allegedly making sexual advances or having sexual contact - including some forcibly - with eight female inmates of the Latimer County Jail, as well as three female employees of the Latimer County Sheriff's Department and the daughter of a sheriff's department employee. Twelve of the 14 counts in the indictment allege Holly used his position as county sheriff to make the advances or have sexual contact. One, for witness tampering, alleges Holly told Hyslop she would be found "floating face down in a river" if she told anyone about the sexual contact. The other count alleges Holly lied to investigators when questions about the alleged sexual impropriety. The indictment doesn't directly say Hyslop was raped, but under the law an inmate cannot legally give consent. Hyslop's lawsuit notice says she was raped repeatedly. Her claim lists assault and battery, invasion of privacy, intentional infliction of emotional distress negligence and violations of federal and state constitutional rights. Holly is being held without bond in the Muskogee County Jail. If convicted, he could be imprisoned for life. Hyslop is currently in a drug treatment center, Lindsey said. McAlester Attorney Warren Gotcher, who is representing Holly, has asked that four of the counts in the indictment be dropped, saying they don't warrant civil rights charges, according to the Associated Press. Those four counts accuse Holly of groping three female sheriff's department employees and of trying to undo the top of one employee's 16-year-old daughter. Lyndsey said he believes that since Hyslop was a prisoner at the jail, and since Holly "used his position to implement these acts," as Holly's employer the county is ultimately responsible. "Of course, he is individually liable as well," Lyndsey said, adding Hyslop is the only one of the alleged victims to have contacted him so far. County officials said they haven't received any another notices of tort claims in connection with the indictments, but they expect more lawsuits. |
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