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While being transported in the infirmary, CO Johnson touched her breast.Later, she had sexual intercourse with CO Johnson and, on a separate occasion, she had oral sex with CO Michael Williams.Instead, Megerman sent CO Toomer a memorandum stating that he (Megerman) expected exemplary behavior of him.Furthermore, Mc Coy, Barth, and Terri O'Neill, one of CO Toomer's direct supervisors, all testified that no one asked or directed them to keep a close watch on CO Toomer following Megerman's decision not to terminate him.A forensic chemist for the Regional Crime Lab tested the swabs and detected the presence of seminal fluid.At trial, the jury found that CO Toomer had raped Ware on the night of August 29, 1993.
Jurisdiction The district court had subject matter jurisdiction over this civil rights action under 28 U. According to Dela Cruz, on at least two separate occasions, she overheard CO Toomer tell Hylton, who occupied a cell across from Dela Cruz, that Hylton would have to raise her nightshirt and pull down her pants in order to obtain a candy bar.
Morefield later testified that he never conducted an investigation of these allegations.
Megerman testified that knew of the second set of allegations and expected the incident to be investigated.
CO Toomer remained stationed on the same floor where Hylton and other female inmates were housed.
On July 22, 1993, Byler sent Mc Coy a second memorandum regarding CO Toomer's misconduct, this time stating that Hylton had reported that she and CO Toomer were having sexual intercourse and oral sex and that she consented to such activity.
Barth wrote: “This investigation has shown that CO Toomer has not been truthful with us.