Tish sues Erie County sheriff over jail sex claims

An Erie County sheriff failed to properly report and investigate eight claims of sexual misconduct between corrections officers and inmates at two upstate jails, according to a lawsuit from state Attorney General Letitia James.

The suit — filed Wednesday in Erie County Supreme Court on behalf of the state Commission of Correction — says Sheriff Timothy Howard did not readily report to the commission allegations of sexual misconduct at Erie County Holding Center and the Erie County Correctional Facility.

In some instances, the sheriff and his underlings also failed to interview witnesses or refer the cases for criminal investigation, the lawsuit said.

“For years, the Erie County sheriff’s office turned a blind eye to rampant sexual misconduct allegations at its correctional facilities. By refusing to appropriately investigate and report the allegations, the sheriff’s office permitted those under their care to be taken advantage of by the very individuals who hold power over them every single day,” James said in a statement.

“It is inexcusable that these issues went unaddressed for so long, and it is my hope that our action today will encourage transparency, accountability and diligence moving forward,” she said.

The commission requires the sheriff to report accusations of sexual misconduct within 24 hours of the offense, or their knowledge of the offense.

The mandate is part of rules issued in 2017 after the sheriff’s office failed to issue timely reports of other serious jail incidents, including an inmate assault, an accidental release and several suicide attempts, the suit said.

Yet in one instance, the sheriff’s office still took nearly three years to report that it received complaints in March 2018 accusing correction officers Keith Roberts, Ronald Dolyk, John Valenti, Randy Chavanne and Matthew Reardon of having sexual relations with incarcerated women while on duty.

The sheriff’s office “has an abysmal track record of complying with the requirement to notify the commission of incidents that jeopardize the safety and well-being of individuals in custody, facility staff and the community,” Commission of Correction Chairman Allen Riley said in a statement.

“This latest failure to report and properly investigate allegations of crimes committed within the Erie County Holding Center and Correctional Facility is particularly egregious: There can be no consent [to sexual activities] when someone is incarcerated.”

The sheriff’s office did not immediately respond to request for comment.