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18-Oct-2019 06:50
Several days later, Byler received a memorandum from Jon Morefield, “investigative specialist” for the JCDC, in response to Byler's second memorandum.
Morefield's memorandum stated in pertinent part: “Concerning remarks made to you by inmate Hylton on 07-21-93, the allegations have been investigated and the case is now closed.” Id. According to the County, Morefield mistakenly assumed that Byler's memorandum pertained to Hylton's first set of allegations and failed to recognize that these were, in fact, new allegations.
For the reasons discussed below, we affirm the order of the district court. The following underlying facts are stated in the light most favorable to the verdict and are largely derived from the order of the district court denying the County's post-trial motion for judgment as a matter of law or, in the alternative, for a new trial. Less than one month later, inmate Jacqueline Dela Cruz alleged that Toomer ordered another inmate, Mary Hylton, to expose her genitalia to him.
In addition, the County contends that the district court erred in omitting the words “continuing,” “widespread,” and “persistent” from the jury instruction on “pattern of unconstitutional conduct” and in instructing the jury that the Director of the Jackson County Department of Corrections (JCDC or “the jail”) is a final policymaker for the County. A jury returned a verdict of ,000 in favor of Ware and against the County on May 10, 1996. CO Toomer's Sexual Misconduct and the County's Response CO Toomer began working at the JCDC on or about March 20, 1993.
Barth wrote: “This investigation has shown that CO Toomer has not been truthful with us.
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At trial, Hylton corroborated Dela Cruz's allegations and testified to other incidents in which CO Toomer performed oral sex on her and had her perform oral sex on him, allowed a male inmate to observe her use the toilet, asked her for her telephone number and address, engaged in sexual intercourse with her, and threatened her not to tell anyone about these incidents. CO Keisling wrote the following postscript in the memorandum: “I do think there might be something to this.” Id.CO Toomer remained stationed on the same floor where Hylton and other female inmates were housed.
