Second FCDC inmate this year sues over alleged sexual assault amid understaffing

LEXINGTON, Ky. — For the second time this year, a former inmate at the Fayette County Detention Center (FCDC) has filed a lawsuit alleging sexual assault due to understaffing at the jail. The plaintiff, whose identity remains confidential, claims to have suffered physical injuries, pain, suffering, and severe emotional and mental distress due to the alleged incident.

The lawsuit, filed in the United States District Court for the Eastern District of Kentucky, names the Lexington-Fayette Urban County Government (LFUCG), Lisa Farmer, former Chief of Corrections at LFUCG Jail, Rodney Ballard, former Interim Chief of Corrections at LFUCG Jail, Scott Colvin, Chief of Corrections at LFUCG Jail, Hector Joyner, Deputy Chief of Corrections at LFUCG Jail, Matt Lemonds, Major of Operations at LFUCG Jail, and an inmate identified as Defendant Love, among others.

The plaintiff alleges that the defendants breached their duty to exercise ordinary care for the safety of other persons, including the plaintiff, to avoid foreseeable injuries. The lawsuit claims that the defendants were aware or should have been aware that the plaintiff was at risk of injury.

The complaint details that the defendants’ acts and/or omissions constitute deliberate indifference to the plaintiff’s health and safety. These include the failure to provide adequate supervision of all inmates, the failure to create, implement, or promulgate appropriate supervision plans, the failure to properly classify the plaintiff, and the failure to take necessary precautions to protect the health and safety of the plaintiff and other inmates.

The lawsuit also alleges that the defendants failed to adequately monitor video surveillance of the pod and to alleviate known security risks with respect to the plaintiff and other inmates. The plaintiff claims that the defendants’ failure to adequately staff the pods housing all inmates left them vulnerable and increased the risk of harm from other inmates.

The plaintiff seeks compensatory and punitive damages against the defendants, an award of all discretionary costs and court costs, reasonable expenses in the litigation, including attorney and expert fees and costs, and a trial by jury. The amount of damages will be determined by a jury.

This lawsuit follows a similar case earlier this year, marking the second time an FCDC inmate has sued over allegations of sexual assault due to understaffing at the jail. The plaintiff’s attorney argues that the defendants’ conduct, acts, and omissions alleged in the lawsuit constitute reckless or callous indifference to the plaintiff’s federally protected rights.

The defendants have yet to respond to the allegations. The case continues.

Photo: Fayette County Detention Center. (LFUCG photo)