Elting v. Lassiter Et Al

Case Background

Plaintiff Deon Elting filed the Priosner civil rights lawsuit on October 7, 2022, in the New York State District Court, Foley Square Division (Case number: 1:22cv8573). Judge Paul G. Gardephe presided over the case.

Cause

Deon Elting, a 32-year-old African American man, was incarcerated at Otisville Correctional Facility in New York from May 2019 to March 2020. During this period, Tasheka Lassiter, a female correction officer, subjected Elting to a prolonged series of sexual assaults without his consent. The abuse began in May 2019. Lassiter became the steady officer in Building 107, where Elting worked as an ART facilitator.

Lassiter initiated her predatory behavior by demanding Elting expose himself to her. When he hesitated, she escalated her threats, following him into a room and ordering him to pull down his pants or face false rape accusations. Out of fear, Elting complied, and Lassiter performed nonconsensual oral sex on him. This incident marked the beginning of a pattern of near-daily sexual abuse that continued for months.

To maintain control over Elting, Lassiter employed various coercive tactics. She threatened to jeopardize his release date, implying she had the power to extend his incarceration. She also made veiled threats against Elting’s family, mentioning she knew his mother’s address. These threats instilled a deep fear in Elting for both his own safety and that of his loved ones.

The sexual assaults occurred in multiple locations within the facility, primarily in the ART transitional services room and Lassiter’s office. The abuse escalated over time. In August 2019, Lassiter forced Elting to engage in unprotected vaginal sex on three occasions. Throughout this period, Lassiter was often the only officer assigned to monitor Building 107. This building sometimes housed up to 100 inmates across seven classrooms. This lack of adequate staffing and supervision created an environment where Lassiter could isolate and assault Elting with impunity.

Injuries

The repeated sexual assaults inflicted severe and lasting harm on Elting. He suffered profound emotional distress and psychological trauma as a result of the ongoing abuse. The violations of his bodily autonomy and the constant fear of retaliation or harm to his family caused Elting to experience intense anxiety, depression, and a deep sense of powerlessness.

Elting’s constitutional rights were egregiously violated, causing him to lose faith in the justice system and those tasked with his care while incarcerated. The trauma of the assaults likely impacted his ability to trust authority figures and may have long-term effects on his personal relationships and overall mental health.

The sexual abuse also put Elting at risk of sexually transmitted infections and other health complications due to the unprotected nature of the forced sexual acts. This added an additional layer of stress and potential long-term health concerns to his already significant emotional injuries.

Damages

Elting sought compensatory damages for the emotional distress and violation of his constitutional rights, as well as punitive damages against the individual defendants. He also requested attorneys’ fees and costs associated with bringing the lawsuit.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Deon Elting
    • Counsel for Plaintiff: Brett Harris Klein| Lissa Strata Green-Stark

 

  • Defendant(s): Tasheka Lassiter | John and Jane Does 1-10
    • Counsel for Defendants: Morris E. Fischer| Daniel A. Schulze | Maurice Nwikpo-Oppong

Claims

Elting brought claims under 42 U.S.C. § 1983 for violations of his Eighth Amendment right to be free from cruel and unusual punishment. He alleged that Lassiter’s repeated sexual assaults constituted cruel and unusual punishment that served no legitimate penological purpose. The complaint emphasized that as an incarcerated individual, Elting was entirely under the control of correctional staff and had no ability to refuse or escape Lassiter’s advances without risking severe consequences.

In addition to the claims against Lassiter, Elting also brought suit against supervisory officials, including Superintendent Delta Barometre and other unnamed supervisors (John and Jane Does 1-10). These claims alleged that the supervisory defendants were deliberately indifferent to the substantial risk of sexual abuse posed by Lassiter. Elting argued that the supervisors knew or should have known about Lassiter’s misconduct based on her “open and obvious behavior” and the inadequate staffing of Building 107.

The complaint further alleged that the supervisory defendants failed to implement proper safeguards. It also claimed that they did not establish adequate monitoring procedures that could have prevented the assaults. This included understaffing Building 107 and not conducting sufficient supervisory rounds. Elting claimed that had the supervisors employed an appropriate staffing model and oversight, the sexual assaults could have been prevented.

Defense

Lassiter admitted only to becoming the steady officer in Building 107 at Otisville Correctional Facility. She denied any sexual contact with the plaintiff, Deon Elting, and rejected claims that she threatened or coerced him in any way. Sheasserted several affirmative defenses. She claimed that if Elting suffered any damages, they were caused by his own negligence or contributory negligence. Further, She argued that the complaint failed to state a valid cause of action. Defendant also contended that even if the alleged misconduct occurred, it did not rise to the level of a constitutional violation. Lassiter maintained that she acted in good faith without malicious intent to deprive Elting of his constitutional rights.

Furthermore, Lassiter contended that Elting failed to mitigate his damages and assumed the risk based on his own behavior. She also claimed Elting failed to take advantage of effective systems to report or stop harassment. Lassiter denied knowledge of or involvement in any supervisory failures or staffing issues at the facility. She requested a jury trial to contest the allegations against her.

Through her answer, Lassiter aimed to refute all claims of wrongdoing and sexual abuse while presenting legal defenses to challenge the plaintiff’s case against her. Her response focused on denying the core allegations and shifting responsibility onto the plaintiff.

Jury Verdict

In July 23, 2024, the jury awarded Elting $251,000 in compensatory damages. Additionally, the jury found that Elting had established grounds for punitive damages against Lassiter and awarded him $1,000,000 in punitive damages. In total, the jury verdict resulted in a combined award of $1,251,000 in damages to Deon Elting.

Court Documents:

Available Upon Request