Pennsylvania Record

Friday, January 17, 2020

Inmate who claimed Philly corrections guards failed to stop his prison rape settles with City

Federal Court

By Nicholas Malfitano | Jan 8, 2020

Jail

PHILADELPHIA – An inmate who sued the City of Philadelphia and several corrections officers in claiming they failed to protect him from a prison rape, has settled his case.

On July 11, U.S. Magistrate Judge Carol Moore Wells ordered that the instant case was settled and dismissed with prejudice, pursuant to agreement of counsel without costs. Terms of the settlement were not revealed.

Juan Sanchez initially filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania against the City of Philadelphia, Gerald May, James McCants, Rodica Craescu and other unknown individuals for alleged violation of the Prison Rape Elimination Act.

According to the complaint, on Jan. 29, 2018, Juan Sanchez was in a cell he shared with five other inmates when an inmate sexually assaulted him in full view of defendants as prison guards.

The plaintiff claimed he was denied of assistance despite explicitly repeatedly requesting help. In addition, the full sexual assault was captured on the prison’s surveillance video and lasted for at least 22 minutes.

The plaintiff said the defendants failed to observe an easily observable sexual assault, failed to stop the assault even after observing it, and failed to render aid to plaintiff.

Prior to settlement, the plaintiff requested a trial by jury and sought judgment for compensatory damages in a sum in excess of $150,000 plus punitive damages, attorney’s fees, costs, and all other relief as the court deems just and proper.

The plaintiff was represented by Val Wilson of Wilson & Johnson, in Philadelphia.

The defendants were represented by Shannon G. Zabel of the City of Philadelphia’s Law Department, also in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case 2:19-cv-00088

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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