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.
