Lawsuit: Ferguson officer raped pregnant woman

Yamiche Alcindor | USA TODAY

Show Caption Hide Caption Ferguson officer accused of raping pregnant inmate Jaris Hayden, a former corrections officer in Ferguson, Missouri, is accused of raping a pregnant inmate and allowing her to escape in exchange for sex acts.

FERGUSON, Mo. — This small Midwest city has a new problem -- a lawsuit that claims a corrections officer raped a pregnant woman and that police in the city have engaged in a "pattern of violence against the citizenry."

The woman sued Officer Jaris Hayden and the city of Ferguson and alleges the assault happened at the city jail while she was about three months pregnant. Court papers identify the alleged victim by her initials, J.W., because she says she is a rape victim.

In addition to the lawsuit, Hayden, 29, of Ferguson, faces four criminal charges, including two counts of having sexual contact with a prisoner, one count of permitting escape from custody and one count of acceding to corruption by a public servant, according to St. Louis County court records. Police arrested him on Nov. 12.

Hayden will plead not guilty to the charges at his arraignment on December 3, said Scott Rosenblum, who is defending Hayden from the criminal charges.

"At that point, we will start receiving the discovery and evidence and we will start responding to that," Rosenblum said. "He is looking forward to defending himself in court."

The woman's attorney says her case, as well as the shooting of Michael Brown and other incidents, show that Ferguson has failed to protect its residents. The suit claims supervisors have failed to properly supervise the city's officers.

"Jailers may not have sexual relations with inmates - period," said Bevis Schock, the alleged rape victim's attorney. "There are other incidents in the city of Ferguson that would lead one to believe that there is inadequate supervision and that there is a pattern of violence. I've got some evidence."

Schock declined to go into details about that evidence.

The legal battle adds to the city's mounting issues, just as a grand jury is expected to render a charging decision in the controversial shooting death of Brown, 18, by Ferguson Police Officer Darren Wilson. It also comes as the Justice Department investigates the Ferguson Police Department.

In protests and discussion with authorities, community members complained of racial profiling and excessive force. The probe, conducted by the Justice Department's civil rights division, is ongoing.

The grand jury convened Aug. 20 to hear evidence in the case. At issue is how Brown died. Police say Brown struggled with Wilson inside his police car, then reached for Wilson's weapon. Brown's family and some witnesses say Wilson killed Brown as he raised his hands in surrender.

The lawsuit filed on Nov. 14 says police pulled over J.W. on Oct. 9, 2013 for having an expired plate. Police then arrested her after she gave a false name. Hayden booked the woman into the city jail and allegedly "softly said" to her "You smell good" and "This will teach you a lesson."

Later as J.W. sat in her cell begging to be freed, the suit alleges Hayden "acted in a sexually provocative manner toward her" and eventually raped her.

After the incident, J.W. went to the hospital and gave police a hair she captured from Hayden. DNA analysis confirmed the hair belongs to Hayden, the suit says.

The woman is suing for several damages including "fear of police," "anxiety over sex," and "mental suffering."

Family helped Hayden post a $10,000 cash bail after criminal charges were placed, Rosenblum said. In, 2012, Hayden filed for bankruptcy. At the time, he owed creditors more than $45,000 while he took home about $2,450 a month as a corrections officer.

Meanwhile, J.W. isn't interested in joining ongoing protests in Ferguson.

"She wants compensation," Schock said. "My client does not want to be part of any public disturbances. She wants to not be identified. She wants her privacy."