Court upholds dismissal of inmate's suit over alleged sexual assault

The state Court of Appeals has upheld a ruling made last year that dismissed a lawsuit filed by a former inmate of the Bedford County Jail who claimed he was sexually assaulted by a guard in 2001 and 2002.

Christopher Jones filed a suit against Bedford County in 2002 for negligent supervision of a corrections officer, who was accused of sexually assaulting Jones while he was incarcerated in the Bedford County Jail.

Jones alleged that the county "knew, or should have known of (the correction officer's) sexually oriented behavior" and that the county was negligent in failing to properly supervise him.

Circuit Court Judge Lee Russell dismissed those claims and the appeals court upheld that decision.

The alleged assailant, identified in the appeals ruling only as Officer Raymur, was hired in January 2001 by the Bedford County Sheriff's Department as a corrections officer. Five months later, Jones was incarcerated in the jail.

Jones claimed he was sexually assaulted by Raymur on several occasions between October 2001 and March 1, 2002, while in the jail, but he did not register a complaint with jail officials until March 5, 2002.

Sheriff's officials then took immediate steps to investigate the matter, and placed Raymur on administrative leave.

"Shortly after the investigation into Officer Raymur was completed, the Sheriff of Bedford County terminated his employment," the ruling read.

Jones was released from jail on April 8, 2002 and filed suit against the county on Sept. 2 of that year seeking to recover for injuries received as a result of the alleged sexual assaults.

On July 10, 2003, the county filed a motion for summary judgment and in response to that motion, Jones amended his complaint on Dec. 20, 2004, adding a claim for negligent supervision. Afterwards, the county filed a second motion for summary judgment.

In August of 2005, the trial court granted the county's motion for summary judgment, which was appealed to the state Court of Appeals.

In an opinion entered October 31, 2007, the court held that "material disputes of fact existed concerning the issue of foreseeability as it pertained to Plaintiff's (Jones) claim of negligent supervision; therefore, we reversed and remanded that issue for further proceedings."

Jones filed a motion requesting that Russell recuse himself from the case, which was denied and a trial was conducted on Dec. 18, 2008, regarding the sole remaining issue of negligent supervision.

Russell ruled that prior to Jones registering his complaint with the jail officials in 2002, there was nothing to suggest that anyone that could fire the guard knew there was a problem and that the county "acted promptly and appropriately when it learned of the allegations against Officer Raymur on March 5, 2002."

Russell entered a final order on May 6, 2009, and Jones appealed it, which was denied.

All costs of the appeal were remanded to Jones. Judge Frank G. Clement Jr, delivered the opinion of the appeals court.

Bedford County was represented by attorneys S. Todd Bobo and M. Wyatt Burk.