On June 23, 2009, a openly gay former prisoner at Washtenaw County Jail filed a lawsuit under 42 U.S.C. § 1983 against Washtenaw County, corrections officers of Washtenaw County Jail, a jail physician, and SecureCare, in the Eastern District of Michigan, Southern Division. The plaintiff, represented by the University of Michigan Clinical Law Program, asked the court for injunctive relief, a declaration that the plaintiff's rights were violated, compensatory and punitive damages, and attorneys fees, claiming that he was sexually assaulted and abused by guards and other prisoners, was not properly treated for his medical needs, and suffered inhumane conditions while in the jail.

Specifically, the plaintiff was sexually assaulted by another prisoner just days after entering the jail. Although he reported this abuse to a guard, nothing was done to remedy the situation. Approximately one week later, the plaintiff was sexually harassed and raped by a deputy in the jail. During his time at the jail, he was continually harassed by prisoners and guards. Some prisoners went so far as to contaminate his food with human feces and doused him with cups of urine. Although guards were aware of this abuse, they often encouraged and were complicit in this behavior and blamed the plaintiff's homosexuality for provoking these attacks.

On December 9, 2009, the physician and SecureCare filed a Motion to Dismiss. On April 12, 2010, the Court (Judge Arthur J. Tarnow) denied the motion without prejudice. They sought summary judgment on Feb. 25, 2011, but on May 4, the court denied that motion "for the reasons stated on the record and in the briefs." Plaintiff then filed a new complaint, adding several defendants, on Jan. 19, 2012.

The case was dismissed, on stipulation (presumably after some monetary settlement), on Nov. 28, 2012.

Renita Khanduja - 07/13/2012
- 01/12/2014


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