U.S. Supreme Court to hear case involving Elyria woman who reported sexual assault in prison

[Jefferson23]

April 26, 2010, 6:14PM


WASHINGTON, D.C. -- The U.S. Supreme Court announced Monday that it will hear the case of an Elyria woman who won $625,000 for being punished by Ohio prison officials after she reported that a guard sexually assaulted her -- only to have the verdict kicked out because of a disputed procedural issue.

Michelle Ortiz's legal odyssey has dragged on for a decade and a half, starting with a 12-month sentence for aggravated assault after she fought off her physically abusive husband with a knife. Imprisoned at the Marysville Correctional Facility for Women, she was sexually assaulted by a guard on Nov. 18, 1996.

The next day, she told a different guard about the assault and was escorted to see a case manager at the prison. The case manager told her that the guard who assaulted her was "just an old dirty man" who only had one day left before a planned transfer to another facility, and until then, she should surround herself with friends at the prison to keep him away.

But according to court records, the offending guard assaulted her again that very night. Ortiz reported the attack -- and soon was admonished by an institutional investigator for telling others about the incidents. Three days after the second attack, Ortiz was put in solitary confinement.

She later sued for violation of her rights. The case manager and institutional investigator tried to get the case dismissed on the grounds that they had "qualified immunity" from lawsuits because they were state employees and only doing their jobs. Their legitimate duties, their attorneys said during court proceedings, included protecting Ortiz from inmates loyal to the guard by putting her in isolation, and preserving the integrity of the investigation by keeping claims about the attacks from spreading in the prison.

remainder: http://www.cleveland.com/open/index.ssf/2010/04/us_supreme_court_to_hear_case.html

[BlueIris]

1. A decade and a half? Insane. nt

[Webster Green]

2. The Supreme court will probably assault her as well.

What a horrible story. I doubt there will be any relief from the scumbag supreme court.

[joeybee12]

3. Yup, the Gang of Five is sure to phuck this up, too...n/t

[Jefferson23]

4. The case is important on many levels, I have my doubts about the court too.

Yet, Kennedy may not support this: "It's about whether lawyers who lose procedural points before a trial must appeal on those points right away, or whether they can roll the dice at a chance of winning the trial itself, making the procedural appeal unnecessary."

[joeybee12]

5. Kennedy can do the right thing from time to time...the other 4 are hopeless...n/t