Former inmate sues Sutter County, sheriff
A former Sutter County Jail inmate filed a federal lawsuit Monday over claims he was sexually assaulted while in custody last fall. He is suing the county and the sheriff.
It is alleged in the lawsuit that during a two-and-a-half-week period last year, the plaintiff was physically attacked and sexually assaulted by three other inmates, and was sodomized, forcibly orally copulated and penetrated by a foreign object.
The Appeal-democrat does not typically name victims of sexual assault. The victim is represented by attorney Roberto Marquez.
The lawsuit alleges that the jail had been previously informed that the victim was particularly vulnerable as he was mentally and developmentally disabled and suffered from schizophrenia, and that jail staff was “deliberately indifferent,” failed to take measures to prevent him from being sexually abused, and enabled other defendants to engage in such conduct.
“At the time of the plaintiff’s incarceration and assault, the Sutter County Sheriff’s Department jail knew that the inmates which attacked plaintiff were known by jail staff to have a propensity for violent behavior including sexual assault,” according to the suit. “The Sheriff’s Department had an obligation to protect plaintiff from known dangerous individuals such as these attacking inmates. … Had defendants followed standard protocol and training, they would have identified plaintiff’s particular disabilities and needs and would have intervened to protect him. However, defendants did not have the appropriate policies and procedures in place and ignored the obvious needs of the plaintiff.”
Two of the three alleged attackers have made pleas in the connection to the assault, according to Appealdemocrat archives. In January, Andrew Bunker, 30, pleaded no contest to preventing or dissuading a victim or witness, and false imprisonment by violence. In April, he was sentenced to seven years in state prison with credits for 457 days.
Also in January, Jack Irby, 30, pleaded no contest to rape in concert by force or violence, preventing or dissuading a victim or witness, and sexual penetration by force or violence. In May, he was sentenced to 16 years in state prison with credit for 263 days.
Rigoberto Priddy Lorenzana, 27, remains in Sutter County Jail while awaiting a tentative December trial; his next appearance is a pretrial readiness conference Nov. 30. He is charged with two counts oral copulation by force; rape in concert; preventing or dissuading a victim or witness; and sentence enhancements for prior strikes.
After each incident, the victim was told not to report the incident to officers. After the inmates were separated, Lorenzana also attempted to talk to the victim through the jail walls, saying he could provide protection if the victims dropped the allegations, court documents say.
During the investigation, it was determined that a second victim also allegedly suffered the same sexual assaults by Lorenzana, Irby and Bunker. The second victim was also told to use “legal mail” to send drugs into the jail to the defendants or they would harm him in the community, according to court documents.
The suit seeks damages to be determined at trial, including damages for physical and emotional pain, emotional distress, hardship, anxiety, sleeplessness, illness and trauma and suffering.
Sheriff J. Paul Parker did not respond to an emailed request for comment. County Counsel Jean Jordan said in an email Tuesday that the county does not comment on pending litigation. Main number .................... Steve Miller ......................
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