Wilson Lojan sued Spencer Crumbsie, Westchester County, and Correctional Officer Jane Doe alleging excessive force and a failure to protect under 42 U.S.C. § 1983, as well as state law claims for negligence, gross negligence, respondeat superior, and a violation of N.Y. Correction L. §§ 137(5), & 500-k.
Westchester County moved to dismiss.
Logan, a citizen of Ecuador residing in the State of New York was arrested and detained at the Westchester County Jail. During the intake process at the WCJ, Logan identified as a pre-operative transgender female with breast implants living life as a female. Following this disclosure, Logan was placed in strict protective custody. Logan was approached by an officer and informed that Plaintiff could request a transfer from strict protective custody to protective custody, which would provide equivalent protection but allow additional freedom of movement. Loagn was transferred to protective custody soon after, though remained in the same housing assignment. Logan requested a broom from Crumbsie, who at the time was incarcerated and acting as a trustee of the prison. Crumbsie retrieved a broom and either opened or asked C.O. Jane to open the door to Logan’s cell. Crumbsie then returned to Logan’s cell, handed him the broom, and watched as Logan swept the cell. When Logan had finished, he handed the broom back to Crumbsie, who then asked to see Logan’s breasts. Crumbsie then stepped into the cell and forcibly grabbed them while Crumbsie exposed himself and directed Logan to perform oral sex on him. Logan refused, and Crumbsie sexually assaulted Logan.
The court dismissed all claims except Logan’s claim based on the jail’s failure to fulfill a protective duty, thus allowing the case to proceed on whether the jail failed in its duty to protect Logan.