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January 18, 2006 - Associated Press (US)

Prison Sex Lawsuits Costing State

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CONCORD, N.H. --Rape and sexual harassment lawsuits aimed at the prison system have cost the state more than $719,000 during the past six years, according to records.

The money was paid in settlements and jury awards in at least eight lawsuits.

A 2002 audit warned prison officials to improve how they respond to sexual misconduct or face continued complaints and lawsuits.

One of the settled claims involved the rape of a female inmate by a male corrections officer at the women's prison in Goffstown. The state settled for $140,000 in January 2000.

The other seven cases were brought by employees alleging harassment or assault on the job. In one case, the family of former corrections officer Joseph Janowicz was awarded $99,000 in September 1999, eight months after Janowicz killed himself.

Janowicz had filed a lawsuit alleging he had become suicidal after being sexually assaulted by a former supervisor.

On Tuesday a civil class action lawsuit was filed against the Department of Corrections and former corrections Sgt. Douglas Tower of Goffstown, accusing him of sexually assaulting three female inmates at the Shea Farm halfway house in Concord. The lawsuit did not specify compensation.

Tower also faces four criminal counts of raping four female inmates.

"It's a huge problem," said Rep. David Welch, who heads the House Criminal Justice and Public Safety Committee. "I think there are many things that don't see the light of day, that aren't reported to the higher-ups."

In Janowicz' case, prison officials verified in 1996 his claims that his supervisor, Leo Martin, had grabbed his genitals and commented on their size. Martin was suspended for about a month without pay.

Before letting him return to work, prison officials issued Martin a letter of reprimand: "It is hoped that the suspension will impress upon you the need to act professionally in the work place and refrain from engaging in horseplay or other unprofessional conduct."

In July 2005, the prison paid former corrections officer Priscialla DeHotman $23,500 to settle her allegations that Tower sexually harassed her.

Prison spokesman Jeff Lyons declined to discuss the lawsuit against Tower or the settled cases.

The prison's new commissioner, William Wrenn, said he had not seen the pending lawsuit and was not familiar with the details of the claims settled before his arrival. But he said he will make fighting sexual harassment and misconduct a priority.

"One of the first areas I am going to look into is this whole area of investigations and what, if anything, has been happening with these complaints," Wrenn said.

As chairman of the House Criminal Justice and Public Safety Committee, Welch helped push for a review of the prison's response to sexual harassment and misconduct. Robert Miller, a former corrections officer, tipped Welch to the problem.

"We checked up on it, and sure enough, at that point there were hundreds of thousands of dollars in out-of-court settlements," Welch said. (Several settlements involved sexual misconduct, but several did not.)

"We didn't know about it because the attorney general can settle out of court. We would never have known about it if not for Bob Miller."

Following Welch's inquiry, the state conducted an audit of the prisons' handling of sexual harassment and misconduct.

Auditors cited slow response to complaints, inadequate supervision by managers and lack of staff training on how to deal with sexual misconduct and harassment.

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