Arizona teacher files $4M claim in prison rape
A teacher who was assaulted and raped after being left alone in a state prison classroom with convicted sex offenders earlier this year filed a $4 million claim Thursday against the Arizona Department of Corrections.
Department officials declined to comment, but prisons Director Charles Ryan has previously acknowledged that the woman was "brutally assaulted."
Inmate Jacob Harvey was indicted in May on charges of sexual assault, kidnapping and aggravated assault with a deadly weapon in connection with the Jan. 30 attack.
In the notice of claim, a precursor to a lawsuit, the woman's attorney alleges the teacher was in a room with seven sex offenders on the day of attack with no supervision from correctional officers. The claim says the state engaged in gross negligence and intentionally inflicted emotional distress upon the woman.
The claim says the woman typically would teach inmates in the visitation room at the Meadows Unit, which houses sex offenders, at Eyman Prison in Florence. That area was monitored by security cameras and correctional staff.
Yet, on the day of the attack, because of a special event, she was sent to a classroom that wasn't monitored by security cameras and for 90 minutes "not a single corrections officer entered the classroom to perform a security check," the claim says.
At the end of the teaching session, six of the inmates left the classroom, but Harvey remained behind. He stabbed the woman repeatedly with a pen, choked her, slammed her head into the floor, tore off her clothes and raped her, the claim states.
"The lack of basic security measures provided Harvey the opportunity to rape and assault (the victim) that he never should have had," the claim says.
The Arizona Republic does not publish names of sexual-abuse victims.
"They handed her a radio and said: 'If anyone acts out, let us know,'" said Scott Zwillinger, the woman's attorney. "The guy who raped her should have never been in a medium-custody unit."
The teacher told investigators she screamed for help, but none arrived. Afterward, Harvey tried to use her radio to call for help. It had apparently been changed to a channel the guards didn't use, so Harvey let her use a phone.
A medium-custody unit is the second-lowest classification for inmates held in the Department of Corrections.
Harvey is now in a maximum-custody unit.
Harvey, 20, was originally serving a sentence until 2041 after being convicted of sexual assault, kidnapping and dangerous crimes against children.
Zwillinger said Harvey was convicted of raping and beating a woman in front of her toddler during a home invasion.
The claim says the DOC failed to provide a safe environment for the teacher and created a situation "where a violent rapist was left alone wholly unsupervised in a classroom with a teacher who did not have sufficient training, expertise and equipment to manage the inmate and protect herself."
The claim says that if the state does not settle, the woman will file state and federal lawsuits, and that "it is likely a judgment will be obtained that, in total, will exceed 10 million dollars."
The Associated Press contributed to this article.