A woman who claims a Barton County jailer traded sex for favors has no cause of action against current and former county officials because the sex was voluntary, according to a lawsuit response filed this morning in U. S. District Court for the Western District of Missouri.
In her lawsuit, the woman says she was raped by former jailer Antonio Azua in 2018. The following year, she filed a lawsuit against Azua and former Barton County Sheriff Mitchell Shaw, which was later dismissed without prejudice.
Another action was filed May 12 in U. S. District Court for the Western District of Missouri. The petition alleges Azua raped the woman and that Shaw did not maintain proper oversight and did not properly train Azua.
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.In the response, the defendants claim the sheriff is "not responsible for all conduct of jailers," says the lawsuit is barred due to the doctrines of official and qualified immunity and says she was a voluntary participant in the sex and also encouraged other inmates to try it.
Plaintiff failed to mitigate her damages in that Plaintiff failed to report the
alleged activities of co-defendant Azua to the Sheriff or any employee or officer of
Barton County and because she voluntarily participated in the alleged incidents.
Defendants affirmatively state that all damages, if any, sustained by Plaintiff
were directly and proximately caused or were directly and proximately contributed to be
caused by the comparative or contributory fault and/or negligence of Plaintiff as follows:
a. in voluntarily participating in the activities alleged by Plaintiff; and/or
b. in encouraging other inmates to participate in the activities alleged;
and/or
c. in failing to report the activities alleged; and therefore, allowing them
to continue.
Defendants are entitled to recover their attorney fees incurred in defending
this suit as plaintiff’s claims are frivolous.
The former Barton County officials are represented by Patricia A. Keck of Keck & Phillips, LLC, Springfield.
The plaintiff is represented by Grant Rahmeyer of Rah Law, Springfield.
***
Readers,
Consider supporting the Turner Report, Inside Joplin and Inside Joplin Obituaries by taking a voluntary subscription or by making a contribution of any amount at the PayPal buttons below or by sending your subscription or contribution to Randy Turner, 2306 E. 8th, Apt. A, Joplin, MO 64801.
1 comment:
So the cop, the John, who had sex with a prostitute keeps his job???
Post a Comment