Proofreading is important whether you are writing for a newspaper (or blog) or if you are a lawyer filing a civil suit in federal court.
Grant Rahmeyer needs a proofreader.
Rahmeyer, an attorney who operates the RAH LAW firm in Springfield, is the new counsel for a woman who claims she was raped by a Barton County deputy in 2018. She sued the deputy, Antonio Azua and the sheriff at the time, Mitchell Shaw in 2019.
Barton County Prosecuting Attorney Michael Smalley dismissed one of two rape charges against Azua in October 2019, the one involving this woman, for lack of evidence. The second charge appears to have also been dismissed since it has been removed from online records.
U. S. District Court Judge Brian C. Wimes dismissed the lawsuit without prejudice in 2021, meaning the woman could refile, which she has done.
Rahmeyer replaces the attorney who represented her the first time, Jeremy J. Beaver, McAlester, Oklahoma.
Many of the claims made in the new lawsuit were made in the first action, but there are a few headscratchers:
-The petition says the plaintiff is a resident of Missouri at one point, then says she is a resident of Oklahoma.
-Through much of the petition, the former Barton County Sheriff is referred to as Sheriff Shaw, then for some reason Rahmeyer refers to him several times as "Sheriff Hill."
- Rahmeyer says the defendants can be served at the Barton County Sheriff's Office in Lamar. That might be difficult since John Simpson, not Shaw, is the sheriff now and Azua hasn't been working there since he was charged with rape.
-Shaw is identified as being "a sworn law enforcement officer with the Barton County Sheriff's Office."
-Azua was running a barter system with female prisoners in the "Baron" County Jail.
This is what he and his client claim happened in the Barton County Jail:
Sheriff Shaw, either through tacit acceptance; failure to train, failure to supervise, and/or deliberate indifference to the right of inmates, allowed his deputies, including Deputy Azua to(1) hold inmates in inhumane conditions;
(2) barter with inmates for more humane conditions, such as taking a shower or not drinking out of a pitcher that was used as a urinal;
(3) engage in sexual assault, rape, and forced coercion of inmates, including the plaintiff;
(4) coerce inmates into sexual conduct by allowing them contact with their children through the use of a cellular phone;
(5) photograph inmates that offend their human dignity;
(6) forcing inmates to have sexual contact with one another;
(7) exposing inmates to venereal disease from a jailer;
(8) failing to ensure that inmates receive adequate food, clothing, shelter, and take reasonable measure to guarantee the safety of the inmates.
The above acts violated (plaintiff's) rights under the Fourteenth Amendment due process clause to be free from cruel and unusual punishment; and further violated her rights under the Fifth and Fourteenth Amendments of the Constitution to have equal protection of the law and thereby not suffer the sexual degradation, humiliation and criminal behavior described herein.
Sheriff Shaw failed to adequately, hire, train, retain, and supervise its employees, including Deputy Azua, and thereby showed a conscious indifference to (her) clear Constitutional right to be free from inhumane conduct, rape, sodomy, and degradation.
Sheriff Shaw, in his official capacity, was required to follow the Prison Rape Elimination Act, 34 U.S.C 303; §§ 30301 – 30309, including the national standards adopted therein.
That (she) was an inmate of the Barton County jail from September 10, 2018 to September 21, 2018. While there, she learned that defendant Azua was bartering with female inmates whereby the inmates would receive snacks, cigarettes, and showers in exchange for sexual and/or sexual favors.
That at said time and place, it was common knowledge in the jail, amongst inmates and staff, that defendant Azua would provide privileges in exchange for sexual favors.
That defendant Shaw knew and/or was consciously indifferent to the barter exchange system being perpetrated by defendant Azua.
(She)was again incarcerated at the Barton County jail from December 8, 2018 to December 18, 2018. (She)was again subjected to inhumane and unsafe living conditions at the Barton County Jail.
During this stay, Deputy Azua offered to take (plaintiff) and another inmate to shower. (She) was not able to shower for days prior to the offer.
Deputy Azua would stand adjacent to the shower and watch (her) and the other inmate shower. Deputy Azua would consistently offer to allow (her) to shower in exchange for him watching her.
(Plaintiff) would sent (sic) multiple requests to speak with the Sheriff Shaw. Sheriff Shaw never agreed to meet with or hear what (she) had to say.
On information and belief, the multiple requests would go through Sheriff Shaw’s jail administrator, Deputy Azua.
(Plaintiff) was again incarcerated in the Barton County Jail from January 26, 2019 to March 28, 2019. During this stay, Deputy Azua became more aggressive with his requests for sexual favors in exchange for favorable treatment, including requiring (her) to expose her breasts and genitals.
On one occasion while showering, Deputy Azua became more aggressive. He put his hands on her body and onto her buttocks. (Plaintiff) asked him to stop and he threatened her by reminding her that she was the inmate and should comply.
Defendant Azua would bring (plaintiff) and other inmates into the shower together. He would then require the inmates to perform sex acts on each other for his benefit.
(Plaintiff) felt threatened by Deputy Azua’s advances and thought her best course of action would be to play along. She feared the repercussions of failing to comply with Deputy Azua’s advances. Deputy Azua continued to up the sexual advances and offered to provide a cell phone for use in the jail. Deputy Azua required (plaintiff) to take sexual photos on the phone and send them to his cell phone. (She) complied in fear.
Shortly after providing the cell phone, Deputy Azua took (her) into the basement and raped her while she was shackled.
The following day, (she) was interviewed by Sheriff Hill and she told him about Deputy Azua and the rape she incurred.
Sheriff Hill refused to allow Tiffany to undergo a rape testing kit at a hospital.
The barter system Deputy Azua was running in the jail was common knowledge in the Baron County jail throughout the guards and inmates. Sheriff Hill either knew, should have known, or was consciously indifferent to providing appropriate supervision and training to prevent the abuse.
Despite being forced to live in deplorable conditions and being subjected to rape, (plaintiff) was billed for her time in prison.
During the times mentioned herein, Sheriff Hill failed to have written policies and procedures to prevent the precise abuse (she) was subjected to.
During the times mentioned herein, Sheriff Hill failed to supervise the jail and was consciously indifferent to the safety and well-being of the inmates, including but not limited to (plaintiff).
Deputy Azua, under the color of law enforcement, consciously violated (plaintiff's) Constitutional Rights by sexually abusing her and forcing her to bow to his sexual depravity. Deputy Azua’s conduct was inhumane and served no penile purpose.
As a direct and proximate result of the clear constitutional violations by defendants, (plaintiff) was raped, forced to be photographed in sexual positions, was subject to inhumane conditions, and was stripped of her dignity and independence. Further, Deputy Azua, by sexually abusing (her), subjected her to venereal disease.
The woman is asking for damages, punitive damages, costs and fees and is requesting a jury trial.
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