Guards put gay inmate in danger, lawsuit claims
A gay inmate has filed a federal lawsuit claiming he was repeatedly raped in a Florence prison cell by a dangerous prisoner even after the offender admitted he had threatened the victim.
“This is malice. This is sadistic. They set him up to be beaten and raped and that is exactly what happened to him,” said Denver attorney David Lane, who recently filed a lawsuit on the gay inmate’s behalf against the U.S. Federal Bureau of Prisons.
Messages left with prison bureau have not been returned.
The Denver Post is withholding the name of the then 21-year-old inmate because he is an alleged rape victim. The victim is seeking compensatory damages for physical and emotional pain and suffering. He is also seeking a punitive award.
The victim told several correctional officers including two lieutenants that eight members of an American Indian prison gang called The Boys including William Mexican had threatened him, the lawsuit says. Mexican was later convicted of assaulting his cellmate.
The threats began on Aug. 6, 2014, when Mexican and two other gang members accused the victim of being gay. Members of the gang “voted him off the yard,” telling him they would attack him if he didn’t go into segregation.
The victim made “an emotional plea” to numerous prison officials that his life was in danger and asked to be placed in protective custody. One official only smiled at the request, the lawsuit says. Officers investigated the threats by asking gang members about them.
All of the inmates denied the allegations except Mexican, who “openly admitted to having made threats,” the lawsuit says. Mexican told investigators he “would have issues” if the alleged victim was returned to the same yard.
The report was given to the warden. Prison officials formally disciplined the victim for being “deceitful,” about the threats, the lawsuit says.
A prison lieutenant told the victim he “didn’t give an (expletive) about doing safety checks before assigning cellmates. On Oct. 8, prison officials placed him in the same cell with Mexican, who taunted him in front of correctional officers by saying, “Are you nervous?” the lawsuit says. The victim admitted he was nervous but Mexican told the officers, “He will be fine.”
Over the next three days, Mexican repeatedly beat and raped the victim, the lawsuit says. Mexican allegedly listed his offenses to the victim, including a boast of stabbing someone to death and threatening to do the same if the gay inmate told authorities. Mexican also forced him to clean blood off the walls and floor, the lawsuit says.
The victim repeatedly pushed a “duress” button but got no help.
On Oct. 10, 2014, he told correctional officers that Mexican had caused injuries to his rectum, ribs, chest, left biceps and face. An officer who took him to the hospital laughed when the victim said he had been beaten.
Mexican admitted he assaulted the victim because he didn’t want fellow inmates to think he “condoned homosexuality,” the lawsuit says. Mexican was indicted in federal court in March of 2015 on charges of sexual abuse by force or violence and assault resulting in serious injury, the lawsuit says. He later pleaded guilty to the assault charge.