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| Ohio Inmates File Lawsuit |
| By The News Democrat |
| Published: 10/31/2005 |
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Three former Ohio inmates of Brown County Adult Detention Center are seeking $3 million, claiming they were beaten on a regular basis, forced to live in unsanitary conditions and denied medical attention during their stay in jail, according to a class action complaint filed in U.S. District Court in Cincinnati last week. The federal lawsuit, filed by James Worthington of Georgetown, Garrett Gardner of Mt. Orab and Heather Phillips of Maysville, Ky., named Brown County Sheriff Dwayne Wenninger; Deputies Richard Haney, Tom Ackley, Charles Crawford and four John Does; as well as Brown County Commissioners Kirby Cornett, Perry Ogden and Dale Reynolds as defendants in the case. Wenninger feels the lawsuit is absurd and will only result in the unnecessary spending of county dollars. Worthington was incarcerated at Brown County Adult Detention Center from April of 2003 to March of 2004 while awaiting trial after being charged in the rape of an adult female. He was later acquitted of the charge. According to the lawsuit, Worthington was allegedly assaulted and beaten by Haney on Oct. 20, 2003, as retribution for a verbal incident that took place between Haney's wife, who was employed as corrections officer at Brown County Adult Detention Center at the time. The lawsuit also alleged that Haney was not assigned to the Brown County Adult Detention Center during that time, but was allowed by Wenninger and corrections officers to gain access to the housing area for inmates, with intentions of getting to Worthington "in particular." Worthington claimed his cell door was purposely left open by sheriff department employees at times it should have been closed, in order to allow other violent inmates to access Worthington to inflict physical harm and violent inmates were often encouraged by sheriff department employees to beat Worthington. He also alleged that he was denied food of sufficient quantity or quality, was forced to sleep on a concrete block with one blanket, was forced to live in a cell filled with raw sewage for two or three days and was denied adequate medical care during his 11-month stay at Brown County Jail. Worthington alleged to have been beaten an estimated 16 times during his incarceration. Wenninger said the accusations made by Worthington about being beaten in jail are false. He said inmates hoping to be moved from a cell or to cause problems use their clothes and blankets to clog up their toilets, causing their cells to flood with sewage. Gardner was incarcerated at the Brown County Jail from Oct. 9, 2003 to Jan. 5, 2004. He was charged with failure to comply with a specification as a result of an incident where he fled from officers and caused harm to a person or a property. According to Gardner, sheriff department employees allowed an inmate by the name of Eric Gay, known for his violent disposition, to enter his cell and proceeded to beat him after Gay had mistaken him for his cell mate. The lawsuit also alleged that Gardner and other inmates were denied private meetings with their legal counsel to prepare for trial, a violation of the Sixth Amendment to the U.S. Constitution. Phillips was incarcerated at the Brown County Jail from Aug. 18, 2004 to Sept. 17, 2004. She was charged with involuntary manslaughter and child endangerment for causing the death of an infant. Phillips pleaded guilty and was sentenced to five years of community control. The lawsuit alleged that Phillips was denied outdoor recreation time, did not enjoy a healthy diet and had to deal with inhospitable living conditions at Brown County Jail. According to the suit, the named defendants in the case also refused to provide Phillips with feminine hygiene products during her menstrual cycle. |
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