MADISON COUNTY, Ala. - A Madison County woman is suing the Madison County Sheriff's Office, claiming a guard raped her while she was receiving medical care in the county jail.
The lawsuit filed in federal court on Monday claims the 26-year-old woman was moved to an isolated cell the night of Oct. 9, where Victor Flores De Leon Jr. forced her to perform oral sex on him before he raped her.
De Leon, 27, was arrested and charged with custodial sexual misconduct on Oct. 23 -- two weeks after the victim says she was attacked. A Madison County Sheriff's Office spokesman said at the time that De Leon resigned Oct. 17, after investigators began looking into the case.
Online jail records show the woman was booked into the jail Oct. 1 on numerous drug-related charges. She was released Dec .18.
According to the lawsuit, the woman was receiving care at the infirmary for seizures when De Leon gave her a false "disciplinary" and moved her to a cell where she was alone.
De Leon visited the woman several times in the solitary cell and was "flirtatious," the lawsuit claims. After lights out, the suit claims De Leon repeatedly turned the lights in the woman's cell off and on and at one point, came in the cell and removed her blanket, asking if she was asleep.
Not long after, the woman said De Leon came back into the cell without his duty belt, removed her undergarments and forced her to perform oral sex on him. He then raped her, she said, and left the cell. About ten minutes later, the woman told a nurse what had happened and was taken to an exam room for an examination, the lawsuit states.
The next day, a Madison County Sheriff's Office investigator interviewed the woman about the incident. She claims the investigator told her her claims were not believable, but about a week later rape kit results came back and she was asked if she wanted to press charges, which she did.
The lawsuit seeks damages for the woman's rape and also seeks to change the layout of the jail infirmary to keep male guards from segregating female inmates in the infirmary -- which is the only place the lawsuit claims male guards can segregate female inmates in an unmonitored cell.
The lawsuit names De Leon, Sheriff Blake Dorning, the sheriff's office and Madison County as defendants.