66 East Main Street, 3rd Floor Little Falls, NJ 07424

He What? Licked a prisoner’s ear. Now I have heard everything – and wants to exempt in Bankruptcy

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Background

  • Correction Officer Ordered a prisoner to not only expose various parts of her body but also licked her ear.
  • Prisoner filed a Court action against the Correction Officer.
  • Correction Officer defaulted in the case.
  • 2 years later, the Correction Officer appeared at a judgment hearing to contest liability.
  • District Court determined that the liability was established and the hearing was only to determine amount of damages.
  • Plaintiff (prisoner) was awarded $20K in compensatory damages and $5,000 in punitive damages. 
  • Correction Officer filed for Chapter 13 Bankruptcy and listed the debt in his bankruptcy.
  • Plaintiff filed complaint to show the Debtor’s acts were willful and malicious.

Court Ruling:

  • Debtor’s actions were malicious because they were definitely outside his duties as a correction officer.
  • Although not necessary, Court also concluded actions were willful.

Correction Officer not only abused the prisoner but was trying to abuse the bankruptcy system.