From the Concord Monitor in NH
A former prison guard who was fired in 2005 after allegations that he sexually assaulted female inmates is being sued by two women who say they were among his victims. The women are also suing the Department of Corrections, accusing it of ignoring early reports of the abuse.
The women said they were sexually assaulted at the state prison's secure psychiatric unit in 2003 and 2004 by former guard Darrell Brinkley while receiving treatment for mental health concerns, according to their lawsuits in Merrimack County Superior Court.
The first alleged victim, who was hospitalized at the unit following a suicide attempt, said Brinkley fondled and kissed her while her arms and feet were fastened to a bed in what is known as "four-point" restraints. She said she reported the abuse to another corrections officer.
The second alleged victim claimed that Brinkley fondled her and also coerced her to have sex with him four to six times in her treatment cell. When she resisted, Brinkley threatened to put her into "four-point" restraints, according to the lawsuit.
The state Department of Corrections, which fired Brinkley in 2005 after investigating the complaints against him, has denied that it ignored reports of Brinkley's alleged abuse, according to its filings in the case. Prison officials said they investigated the allegations immediately and fired Brinkley.
Brinkley, 51, of Antrim has not responded to the lawsuits, which were filed late last year and are scheduled to go to trial next spring. He joined the prison staff in June 2000 and was fired in May 2005, said prison spokesman Jeff Lyons.
Lyons declined to discuss Brinkley's termination. Brinkley could not be reached for comment, and it does not appear that he has retained a lawyer. Court staff have been told that Brinkley may be in Iraq, but that could not be confirmed this week.
Brinkley has not been criminally charged in connection with the women's allegations, but Jane Young, head of the criminal bureau at the state attorney general's office said the state police are investigating the allegations against him.
The civil bureau of the state attorney general's office is defending the prison in the cases, which is customary, but that bureau has declined to also represent Brinkley. Lawyer Andrew Livernois of the civil bureau said the state can refuse to defend a state employee in a civil case when the employee's on-the-job actions were wanton or reckless. "We think it's more likely than not that the acts were wanton or reckless," Livernois said.
The women - one has been released and the other is about to be - are being represented by Concord attorney Michael Sheehan. The women were inmates at the women's prison in Goffstown, but both spent time, separately, at the secure psychiatric unit, which is on the grounds of the men's prison in Concord.
One of the women arrived at the psychiatric unit in September 2003, after she tried to kill herself in Goffstown. The night she tried to kill herself, the woman was medicated and put into a bed with the restraints. As the woman fell asleep from the medication, Brinkley kissed her, according to the lawsuit.
When the woman awoke, Brinkley was in the cell and told her she was beautiful and had many reasons to live. He kissed her again and fondled her, the lawsuit said. The woman told a female officer that Brinkley was being "a little too friendly for comfort," but the officer did nothing, according to the lawsuit.
Later, Brinkley confronted the woman about reporting him, the lawsuit said. Brinkley continued to touch the woman inappropriately and directed her to have sex with him, the lawsuit said. "Because of her fear of Brinkley and what steps he could take against (her) if she refused, (the woman) complied with Brinkley's request," the lawsuit said.
The second lawsuit accused Brinkley of similar behavior a few months later, between December 2003 and February 2004. During the woman's six-week confinement at the psychiatric unit, Brinkley fondled her and coerced her to have sex, according to the woman's lawsuit. At the time, the woman was under the care of a psychiatrist and taking medication.
When the woman objected, Brinkley threatened not only to place her in restraints but also to tell staff that the woman had misbehaved, according to the lawsuit. The lawsuit accuses prison officials of letting the second assault happen by ignoring the first woman's complaints.
Both women are seeking unspecified damages from Brinkley and the state Department of Corrections.
In its responses to the women's lawsuits, prison officials have maintained they bear no responsibility for Brinkley's alleged actions.
"Mr. Brinkley's supervisors at the (prison) had absolutely no knowledge of any inappropriate behavior by Mr. Brinkley," the attorney general's office responded on the prison's behalf. "The (women) did not complain about Mr. Brinkley's behavior until some months later.
"As soon as (prison officials) learned about the (women's) allegations, they conducted an investigation and referred the matter to the state police for investigation," the prison's response continues. "The (prison) subsequently terminated Mr. Brinkley."
The prison also disputed claims that it had not properly trained Brinkley. During his time at the prison, Brinkley went through the basic training and training regarding sexual harassment, the prison said.
At a criminal trial this year, another former corrections officer was convicted of raping a female inmate at the Shea Farm halfway house in Concord. Doug Tower, a sergeant, was sentenced to 20 to 40 years in prison. He still faces sexual assault charges involving 12 other inmates.
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