Inmate files notice he may sue over alleged sexual assault at jail

A 20-year-old male inmate has given Roosevelt and Curry counties notice he may sue, alleging he was sexually assaulted by a Roosevelt County detention officer in December.

In the tort claims notice, the man's attorney, Jennifer Burrill, said the Roosevelt and Curry detention centers failed to protect and provide adequate medical treatment for her client.

The inmate was officially in the custody of the Curry County detention center, but according to the tort was transferred to Roosevelt County because he was attacked by an inmate with a razor blade in November.

The tort also included the Roosevelt County Sheriff's Office, which initially investigated the complaint.

Roosevelt County officials declined to comment about the case because of the possible pending litigation.

A notice is issued in keeping with New Mexico state statute, which stipulates that a plaintiff has 90 days from the date of an incident to notify a defendant they may file a tort claim.

According to the tort claim notice:

• The inmate was in a hospital exam room for injuries he sustained from being cut by a nail in his cell at the Roosevelt County detention center when he said the officer guarding him grabbed his groin area and exposed himself while he was handcuffed to his bed.
• In a second incident, the inmate said he was sexually assaulted by the officer and forced to perform oral sex while being searched prior to taking a shower. The inmate said he was also hit in the face by the officer's Taser.
• The inmate said the officer told him he had a wife and children so no one would believe him if he were to report the incident.
• After the officer's shift was over, the man reported the incident and was examined by a sexual assault nurse examiner.

According to the Roosevelt County Sheriff's Office incident report, the officer who the inmate said assaulted him confirmed that he was guarding the inmate on both occasions named but did not sexually assault the man.

The incident report also states that the case was passed to the New Mexico State Police from the Roosevelt County Sheriff's Office due to possible conflict.

No criminal charges have been filed in connection with the case.

Burrill said she is still collecting evidence.

The inmate has been transferred to another facility since the incident, according to Burrill.