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The West Virginia Supreme Court has dismissed the state Regional Jail Authority from a lawsuit that alleged a male correctional officer repeatedly raped a female inmate.
The court says the authority is entitled to immunity because the woman failed to provide any evidence that the officer’s alleged actions occurred within the scope of his employment.
The ruling came in a lawsuit filed by the woman against the authority and the officer. The lawsuit alleged that the officer raped the woman 17 times while she was an inmate at the Southern Regional Jail in 2009.
The lawsuit claimed the authority was negligent in training, supervision and retention of the officer.
The Charleston Gazette says the court issued its 4-1 opinion Thursday. Chief Justice Robin Davis dissented.
