Reported by Eve Tannery
DOVER , Del.- The lawyers for a state prison counselor who was taken hostage and raped by an inmate in July filed a federal lawsuit Tuesday accusing state officials of gross negligence and violating her civil rights.
Jeffrey Martin and Herbert Feuerhake, the Wilmington lawyers for the victim, Cassandra Arnold, filed the 24-page complaint Tuesday morning in federal court in Wilmington. It comes three months to the day after Arnold was held hostage for almost seven hours and raped by serial rapist and kidnapper Scott Miller at Delaware Correctional Center in Smyrna. The standoff ended when Miller was shot to death by a sharpshooter.
The lawsuit names the following people as defendants:
Delaware Governor Ruth Ann Minner
Department of Correction Commissioner Stanley Taylor
Paul Howard, DOC Bureau Chief
Thomas Carroll, DOC Warden
Lawrence McGuigan, DOC Deputy Warden at the time of the incident
Clyde Sagers, DOC Captain
David Pierce, Jr., DOC Lieutenant at the time of the incident
John Salas, DOC Area Lieutenant
Steven Boone, DOC Lieutenant
Brandon Richardson, DOC Sergeant
William Faust, DOC Sergeant
Lachelle Green, DOC Sergeant
Ronald Hosterman, DOC Treatment Administrator
Unknown employees who may become involved through further investigation
The Delaware Department of Correction
The complaint alleges that Governor Ruth Ann Minner and Department of Correction officials willfully ignored staffing shortages and security lapses that Arnold's lawyers say contributed to the hostage incident. Lawyers say the Department of Correction had a responsibility, as an employer, to keep Cassie Arnold safe.
"The July 12th crisis should have never happened," said Attorney Jeff Martin. "It was totally, completely, and absolutely preventable," he said.
According to the lawsuit, Arnold suffers from panic attacks and flashbacks and will require psychological treatment "for an indefinite period."
"Ms. Arnold underwent a terrible ordeal and we are doing all we can to see that a similar situation does not occur in the future," said Governor Ruth Ann Minner. "That is why I appointed an independent planel to examine security issues at the Delaware Correctional Center as a follw-up to the Department's internal investigation, but I cannot comment further on any pending litigation," the Governor said.
DOC spokeswoman Beth Welch issued the following response on behalf of the Department of Correction to WBOC:
"The Deparment of Correction regrets the ordeal endured by our employee. Her welfare and recovery remain a top concern. We have released the internal affairs investigation along with details of steps we've taken so far and steps we plan on taking. We look forward to working with the National Institute on Corrections as they review several DOC policies and procedures adn with the independent panel. However, because the incident is being litigated, we will not be making any further comment."
Lawyers say they were forced to file their complaint after the state wouldn't agree to their settlement.
State officials released today that the lawyers were asking for a settlement of $3.9 million.
Lawyers say that was supposed to be a confidential figure. They think the amount is less than fair for what Cassie went through.
"Frankly, we believe a jury award might be substantially higher," said Attorney Herb Feuerhake.
The lawyers say they are still willing to negotiate with the state. But, so far, the state has said no.
This is the second time Martin and Feuerhake have been involved in a lawsuit against the state. Three years ago, they won a prison case against Stan Taylor and his staff.
