Friday, July 15, 2005

Sex charges filed against Branson West officer

A former Stone County jailer has been hit with a civil suit by a former inmate, seven months after he was charged with the felony of having sexual contact with the same inmate.The lawsuit, which was originally filed in Stone County Circuit Court, was transferred to the U. S. District Court of Western Missouri and was filed in the Joplin division today.
According to the woman's petition, in July 2003, Blumenthal:
-Required and demanded she show him her breasts
-required and demanded she simulate masturbation and demanded that she "be loud about it."
-required and demanded she stand in the nude at a position where he could see her nude body
-required her to allow him to feel between, around and about her breasts
-required her to submit to "searches" in which he would require her to stand near while he placed his face about her panties, sniffed her panties, and then pronounced, "she's clean."
-required she cooperate and assist him in his attempts to commit similar abuses against other female inmates.
The woman said she submitted to Blumenthal's "sexual harassment, abuse and assault" because she received no help when she reported the conduct. "When plaintiff reported defendant's conduct to other officers," the petition said, "her complaints were turned aside, and she was told, 'You are going to make your time worse here,' 'we don't have time for these lies,' or 'that's not what Officer Blumenthal says.' "
The woman says Blumenthal threatened her by saying, "Give up, put out, or don't get out." She said she took that and other statements made by Blumenthal as threats, such as when he told her "of his prowess and ability with handguns, telling plaintiff that his nickname was 'Shooter' and 'someday' he would teach her 'how to shoot to kill.'
When she submitted to his demands, the woman said, she was given extra privileges, including "added telephone calls, soft drinks, candy, additional library cart privileges, scented shampoos, occasional releases from her cell, and, on two occasions, marijuana."
The woman is asking for "actual damages in such amount as will be deemed adequate to fairly and reasonably compensate her for all damages sustained; and for an additional judgment for punitive damages in such amount as may be determined" to keep Blumenthal and others from treating prisoners in that manner.
The woman is represented by lawyer Richard Anderson of Branson West.
Blumenthal filed a response to the lawsuit today, pretty much admitting that he was a jailer, that Richard Hill was the sheriff of Stone County, and denying everything else.
His law firm, Lathrop & Gage, Springfield, says the woman's petition is barred by the doctrines of sovereign immunity, qualified immunity, and official immunity, and that "even if the sexual conduct alleged occurred, whether in whole or in part, (her) claims in her petition for damages are barred because she consented to such conduct, if it occurred."
The Branson Daily News that Blumenthal, 34, Nixa, turned himself into the Nixa Police Department, posted a $5,000 bond and was released.
Blumenthal resigned shortly after the initial allegations were made against him in 2003 to take a job with the Branson West Police Department. The Stone County sheriff told the Daily News he did not think that had anything to do with the allegations.
The investigation into the complaints was conducted by the Missouri Attorney General's office, which issued the warrant for Blumenthal's arrest.

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