Alleged victims of jail officer’s sexual assault sue detention center, city of Lexington
Two victims who allege they were sexually assaulted inside the Fayette County Detention Center by a former corrections officer have filed a lawsuit against the officer and the Lexington-Fayette government, which they say didn’t properly staff the jail, allowing the assaults to take place.
The two alleged victims filed a lawsuit in Fayette Circuit Court in June against Mayor Linda Gorton, former jail Director Lisa Farmer, current Director Scott Colvin and former officer Joshua Rogers. The lawsuit was moved to federal court last week.
Both victims allege they were assaulted inside the detention center by Rogers on June 16, 2022. Court documents allege that around 2 a.m., the victims were taken out of their cells and taken to the kitchen for kitchen duty despite kitchen staff saying “they were not needed.”
The inmates were placed in separate and divided cubicles where the two victims allege they were assaulted, according to the lawsuit.
No cameras were in place which could have captured the assault. The victims allege the assault took place in this location because Rogers knew there would be no evidence, according to the lawsuit.
Under federal law, inmates cannot consent to sexual conduct with jail employees. Rogers was arrested and charged with third-degree sodomy as a result of the incident. He pleaded guilty to the charge in May.
One victim had been involved in Rogers’ criminal case, but a second victim was part of the lawsuit. The Herald-Leader does not identify victims of alleged sexual assault.
The victims say in their lawsuit they are bringing the action as a result of the “systemic failure of the Lexington Fayette Urban County Government (LFUCG) and its officials to take the steps necessary to properly staff the jail, to prevent sexual assaults by staff of the jail, and to hold offending staff members accountable.”
The victims state the city, Rogers, Colvin and Farmer violated their Fourth, Fifth, Eighth, Ninth and Fourteenth Amendment rights under the U.S. Constitution. They allege the abuse was part of a continuing pattern of misconduct of failure to train and supervise employees, as well as enforce proper policies to maintain safety for inmates. They also accused Rogers of assault.
The victims are seeking a jury trial and hope to be awarded costs for attorneys’ fees and damages, according to the lawsuit.
Rogers was charged with third-degree sodomy in June 2022. He pleaded guilty in May for third-degree sodomy, according to court records. Prosecutors have recommended a four-year prison sentence, according to court documents. Rogers will be a 20-year sex offender registrant and will have a 10-year interpersonal protective order filed against him.
Maj. Matt LeMonds from Lexington Community Corrections previously confirmed Rogers was employed with the jail but has since been terminated. Rogers is scheduled to be sentenced in his criminal case on Aug. 17.
Susan Straub, a spokesperson for the city, said the mayor’s office could not comment on open lawsuits.
City officials want lawsuit dismissed
The Lexington-Fayette Urban County Government, Farmer and Colvin filed a motion in federal court for the lawsuit to be dismissed.
Farmer alleges that in her official capacity, state law negligence claims are barred by official immunity and that the complaint filed against them fails to plead a “viable claim of municipal liability.”
The lawsuit states Farmer and Colvin failed to develop and implement policy that bars assaults against inmates and that they have practiced “negligent hiring and supervision.”
Farmer and Colvin allege in their motion they are not “vicariously liable for alleged misconduct” of employees.
The defendants allege in court documents that the victims’ complaint is an attempt to “boot strap” the allegations against Rogers to the jail to support their claim of municipal liability against Farmer and Colvin.
Colvin is the current director of the jail, but was not yet employed at the detention center at the time the alleged assault is said to have taken place. Farmer was employed as the director in June 2022. She announced her retirement in July 2022, and left her position in October. She’d been the director since October 2020, and worked at the jail for 20 years prior to taking that position.
Jail staffing shortages have been ongoing issue
Staffing shortages have been a longstanding concern at the detention center.
Not only did staffing shortages contribute to concerns about inmate and employee safety, but defense attorneys previously shared they had trouble meeting with their clients to discuss cases as a result of the lack of staffing.
But vacancies have been decreasing.
The number of vacancies at the jail on Oct. 1, 2022, was 124, according to Public Safety Commissioner Ken Armstrong. As of June 5 there were 92 vacancies, according to new data presented in a June 13 city council meeting.
The corrections department also has two new recruit classes which will help fill vacant positions, Armstrong said. Community correction officers manage inmates to promote positive behavior and keep jails safe.
Officials believe an increase in starting pay for corrections officers has helped fill some vacancies at facilities. Starting salary for correction officers went from $32,000 in 2020 to $50,348 in 2023.
The biggest inhibitors to recruitment have been the employment process, the change in attitudes toward public service, scheduling preferences and the dangers of the job, Armstrong said.
