BY BEN L. KAUFMAN
The Cincinnati Enquirer
A transsexual former inmate sued officials at the Warren Correctional Institution on Tuesday, saying they violated her rights when they failed to protect her from a violent and sexually predatory fellow prisoner.
The suit, filed in U.S. District Court by attorney Alphonse A. Gerhardstein, seeks unspecified damages.
Defendants include Warden Anthony Brigano, Corrections Officer Gayle Bowles, Capt. Ron Stratton and Unit Manager Richard Kemp. The transsexual, identified only as Jane Doe, was released from prison last year.
The complaint said her sex change began before she was imprisoned and housed in the Warren County prison's protective custody unit. Mr. Gerhardstein described the alleged 1996 incidents that are the subject of the complaint this way:
Ms. Doe rejected the other inmate's daily sexual advances and complained to Mr. Kemp about harassment and death threats.
After the inmate first assaulted Ms. Doe in her cell, the attacker was not removed from the unit. Instead, he was supposed to be locked up when Ms. Doe was out of her cell.
Officer Bowles was aware of the death threat, the initial assault and the order to keep the attacker locked away. Still, she allowed the attacker to shower when Ms. Doe also was out of her cell.
Officer Bowles gave the inmate a mop to clean up dripped water, but the inmate entered Ms. Doe's cell and beat her until the wooden mop handle broke.
When Ms. Doe tried to flee, the attacker grabbed a fire extinguisher and continued to strike her.
Ms. Doe was cut and bruised and lost her prison job and privileges.
Mr. Gerhardstein said he and co-counsel Jennifer Branch went to federal court because their client is no longer an inmate and cannot use inmate grievance procedures.
The suit says the officials' inaction violated Ms. Doe's Eighth Amendment right to be free of cruel and unusual punishment.
Tuesday, Don Reyna, a spokesman for the Ohio Department of Rehabilitation and Correction, said no one was available to comment on the allegations.
