DENVER—A Colorado inmate who was repeatedly sexually assaulted by a guard has been awarded $1.3 million by a judge who says he wants to send a message about prison rapes.
The female inmate at the Denver Women’s Correctional Facility sued former Sgt. LeShawn Terrell last year. She said he repeatedly assaulted her and then raped her in 2006. The woman settled with the Colorado Department of Corrections for $250,000.
In a ruling issued Wednesday, U.S. Circuit Judge David M. Ebel awarded the inmate $1.3 million in damages from Terrell. Ebel wrote that he wanted to send a message with the steep award that prison rape is unacceptable.
Talking about the victim, Ebel wrote, “The right to be safe from sexual assault and rape by one of her guards turned out to be worth no more than the paper upon which (the regulation) was written.”
Ebel went on to say that the state Department of Corrections doesn’t effectively prevent sexual assaults against inmates.
Terrell pleaded guilty to a misdemeanor charge of unlawful sexual contact and was sentenced to 60 days in jail. Ebel criticized that sentence as too short.
The victim is 34, serving time on drug, burglary and escape charges. Prison records show she will be eligible for parole in October. Her award includes $354,070 in compensatory damages for pain and suffering, plus $1 million in punitive damages against Terrell.
“The court recognizes that punitive damages awards often are overinflated but believes an award of this magnitude is justified under the disturbing circumstances of this case,” Ebel wrote.
The woman’s lawyer, Mari Newman, told The Denver Post that the woman settled with the Department of Corrections out of court.
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Information from: The Denver Post,
