Polk County not liable in prison sexual abuse lawsuit, judge rules

A former inmate’s claims against Polk County alleging sexual misconduct by a corrections officer have been dismissed.

Justin Mowery sued the county over the actions of Brianna Miller, a former Polk County jail official. While in prison from January to March 2022, Mowery said Miller forcibly kissed and touched him while he was working in the prison kitchens.

Miller was fired in March 2022 and later pleaded guilty to harassment over Mowery’s claims.

Mowery sued the county, the sheriff, and Miller, accusing the county of negligence in hiring and supervising Miller. The county moved to dismiss the claims against herself and the sheriff, and this week Judge Lawrence McLellan agreed to dismiss all of the claims except the one against Miller.

Case derailed by the Qualified Immunity Act of 2021

McLellan’s order focuses on a 2021 state law that set new standards for lawsuits against public officials, including requiring that the initial complaint “set forth in detail” how the officials violated the law and that the law was “clearly established ” at the time the law was broken. the alleged misconduct.

The law requires that complaints that don’t meet these standards be dismissed, granting officials so-called “qualified immunity.”

Mowery’s complaint does not meet that bar, McLellan wrote. While the petition details Miller’s wrongful conduct, it only states that the county was “negligent” in hiring and supervising Miller, without specifically explaining how.

Mowery’s petition also does not address whether the law was “clearly established” at the time, and McLellan writes that there is no basis to believe Miller acted with the encouragement or blessing of her employer.

“Miller touched Mowery in an unwanted and sexual manner. Polk County would never authorize or request these actions by a correctional officer,” McLellan wrote. “…Miller’s actions were not within the scope of her work as a correctional officer, and there is no version of the facts presented by Mowery that could create liability for Polk County.”

Mower’s lawyer is considering an appeal

In a statement, Polk County spokesman Jonathan Cahill acknowledged the ruling and said the county had “vigorously defended” Mowery’s allegations, leading to his resignation.

Related: The latest lawsuit alleging sexual abuse by the Polk County jail doctor was settled for $7,500

Erik Luthens, Mowery’s attorney, said in an email that he believed the court got it wrong.

“Polk County is expanding the qualified immunity statute far beyond its intended purpose,” he said. “This statute was never intended to protect the Polk County Jail from liability for non-consensual sexual contact (kissing) committed by one of its employees… with an inmate like my client, Justin Mowery.”

He added that Mowery will “likely” appeal McLellan’s order.

Miller, who is not represented by the county in the lawsuit, has not joined the motion to dismiss, and Mowery’s legal claims against her remain active. Her attorney did not return a message seeking comment.

William Morris covers courts for the Des Moines Register. He can be reached at [email protected] or 715-573-8166.