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Jail surveillance video in a federal civil case is missing, according to an attorney representing two women accusing Trumbull County officials of not doing enough following the report of sexual misconduct by a corrections officer in the Trumbull County Jail.
The spoliation count filed Friday claims that evidence was intentionally or recklessly withheld, hidden or destroyed, said Warren-based attorney Sarah Kovoor.
Kovoor is representing Michele L. Rafferty, Woodland Chase Boulevard, Niles, and Katie L. Sherman, Lake Road East, Madison.
The civil lawsuit seeking punitive damages was filed in February in Youngs-town’s U.S. District Court of Ohio Northern District against former corrections officer Charles E. Drennen, of Warren; Sheriff Thomas Altiere, sheriff’s Lt. Eric Shay and the Trumbull County commissioners.
Shay, who is responsible for the daily operations of the jail, said in February the incident described in the complaint was captured on video. Kovoor said the defendants have not produced the video.
The lawsuit claims Drennen exploited inmates “for his personal sexual gratification,” while Altiere and Shay failed in their administrative roles to protect the inmates.
Judge Benita Pearson approved a stipulated protective order filed Wednesday, according to court documents, meaning future filings that fall under its restrictions won’t be open to the public. But the amendments to the complaint are public record, Kovoor said.
Attorneys for Drennen, with the Columbus firm Fishel Hass Kim Albrecht, and the county officials, with the Cleveland firm Mazanec, Raskin and Ryder Co., did not immediately return messages seeking comment. But the defense attorneys filed answers to the complaint in May, denying the allegations, claiming they are untrue and that the statute of limitations and immunity should bar the claims from moving forward.
In February, Shay said an investigation showed that in the female bay of the jail during hourly checks, one of the inmates was performing a sexual act on herself while others pretended to sleep when Drennen walked in. The interaction lasted about a minute, Shay said.
The women laughed when Drennen left the room and the former corrections officer failed to report the incident, Shay said. Because Drennen did not report the incident, he violated policy and procedures and the internal investigation was initiated, Shay said.
When sheriff’s Maj. Tom Stewart began the investigation, he asked Drennen to take a polygraph, Shay said. Drennen instead turned in his resignation.
The lawsuit states Drennen’s misconduct extended beyond a single incident and there were more women involved.
“During night rounds (Drennen) often engaged in a pattern of sexual misconduct with female inmates,” the document states. The complaint goes on, stating Drennen conducted strip searches, taunted the women, threatened them, performed sex acts on himself in front of them and bribed them.
Others in the jail “knew or should have known” what was going on, the complaint states, revealing a flaw in jail policies, hiring practices, training and supervision. The women state they were labeled “troublemakers,” were treated negatively after bringing attention to the conduct and their objections were ignored.
Altiere and Shay disputed the claims in February, and both said an investigation began immediately, which led quickly to Drennen’s resignation.
The women are asking for attorney’s fees and punitive damages for “severe and permanent injuries, including great physical, emotional and psychological pain and suffering” for violations of their constitutional rights.
The lawsuit states Rafferty was in the jail from February 2014 until August 2014, and Sherman was there from November 2013 until April 2014.