Original Case Details
A former Macomb County Jail doctor was charged with six counts of second degree criminal sexual conduct for trading candy and favors with female inmates for sexual contact. The doctor was accused of giving one female inmate M&M’s and chewing tobacco in exchange for sexual contact. Another female accused him of giving her prescription drugs and an extra mattress for her cell room bed for sexual contact as well. The doctor was accused of using his hands to touch and/or stimulate her pelvic and genital areas during a physical exam. He was also accused of placing his stethoscope on a female’s nipples and breasts and moving his hands into her pants touching her vagina. Another inmate accused him of taking a photo of her with his cellphone after assaulting her, with her shirt lifted and pants partially down. The doctor’s cell phone was seized and searched by the police and it allegedly had sexually explicit pictures and videos on it.
His defense argued that the women conspired against the jail doctor, who was still relatively newly hired at the time. The three women admitted to talking to each other at the Macomb County Jail but denied they ever made a scheme to get the doctor in trouble. He was later acquitted of five of the six charges by a jury. The jury deliberated over the course of two separate days for a total of about six hours. The doctor was later sentenced to one year in St. Clair County Jail, where he is currently still serving his sentence.
As a result of the doctor’s conviction, three of the female inmates he is alleged to have sexually assaulted have now filed a lawsuit in federal court. The lawsuit has been filed in the Eastern District Court in Detroit against the Macomb County Jail, the doctor personally, and his (former) employer, Correct Care Solutions. The lawsuit alleges that these three female inmates were sexually assaulted, subjected to sexual abuse, battered, exploited, discriminated against, and degraded by the doctor during his treatment of them back in 2018. He is accused of holding commissary items over the inmates’ heads to get them to perform sexual favors for him. The lawsuit is seeking an amount of money to be determined.
The burden of proof in a civil case is substantially lower than in a criminal case. In a criminal case, the prosecutor must prove their case “beyond a reasonable doubt” in order to win a criminal prosecution. In a civil case, the plaintiff only has the “preponderance of evidence” standard to win a lawsuit. That means that it must be proven more likely than not or 51% in order to win a civil case. The fact that a criminal conviction has already occurred will be available evidence to a jury in the event that this lawsuit will go to trial. Having a conviction is a pretty damning piece of evidence however the fact that he was acquitted of five of the six charges may also bode well for his defense to point that they were almost correct in their verdict in the criminal trial. If the doctor had pled no contest to the charges, then his convictions could not be used against him in a civil trial. He obviously then would have six convictions instead of the one he is currently serving time for.
Any Further Questions?
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