By Brendan J. Lyons
Times Union
ALBANY, NY — A federal civil rights lawsuit was filed against several Greene County jail officials this week by a female inmate — the second woman in four months to claim sexual abuse by male guards at the Catskill facility.
The lawsuits follow the arrests last December of two jail officers, Donald Schermerhorn, 43, and Ernest Dunn, 26. The men were charged with official misconduct and sexually abusing female inmates in their custody. Both were suspended from their jobs while their criminal cases are pending, according to an attorney for Schermerhorn.
A 52-year-old Hunter woman, who is incarcerated at the jail awaiting sentencing on burglary charges, filed a lawsuit Monday in U.S. District Court against Schermerhorn, Sheriff Gregory R. Seely, jail Superintendent Michael Spitz, a jail sergeant, a nurse and a social worker at the facility.
The woman, whose name is being withheld by the Times Union, alleges that while she was incarcerated last year, Schermerhorn watched her undress, groped her, forcibly touched her and threatened to punish her “if she refused his advances.” The lawsuit indicates the woman reported the incidents to a jail nurse and a social worker, as well as a sergeant, but nothing was done.
Her claim alleges that the nurse and social worker told her they’d “heard rumors” of Schermerhorn’s conduct, but that it would be “her word” against the officer’s.
A few months later, in August 2012, the Greene County sheriff’s department, which operates the jail, began a criminal investigation when the female inmate showed jail officials a handwritten note attributed to Schermerhorn in which he allegedly asked to see naked photos of her on Facebook, a social media website. The alleged victim met with State Police investigators, who visited state prisons to interview other women who had been incarcerated at the Catskill jail. The investigators uncovered information substantiating the inmate’s claims against Schermerhorn and also discovered similar allegations against Dunn. Both men were arrested on Dec. 18.
“The custom and practice of the Greene County jail is to allow male corrections officers to supervise female detainees while they are alone, including allowing male corrections officers to observe female detainees while they are in complete state of undress, allowing them to access shower units while female detainees are bathing and also allowing them to ... enter the cells of female detainees without supervision,” states the federal complaint filed this week by the Hunter woman’s attorney, Elmer Robert Keach III of Amsterdam.
On Wednesday, Dunn said “not at the moment” when asked for comment, before cutting off the call.
Schermerhorn’s attorney, Dennis B. Schlenker of Albany, characterized his client as a devoted family man who has been an “exemplary citizen.”
“My client absolutely and unequivocally denies any acts of misconduct, sexual or otherwise, and will vigorously defend himself,” Schlenker said.
On March 27, a similar federal lawsuit — targeting both Dunn and Schermerhorn — was filed by a 28-year-old Catskill woman who claims she was sexually abused by Dunn while serving a six-month sentence at the jail beginning in April 2012. Her lawsuit, filed by a Hudson attorney, Mark D. Greenberg, says Dunn and Schermerhorn both were regularly assigned to the female unit, which consisted of 12 jail cells.
The 28-year-old woman alleges Dunn often stood in front of her cell, passed her notes describing and demanding sexual acts, including “strip shows,” and ordered her to perform oral sex on him.
“He told (her) to remember that he knew where she lived, which was in close proximity to the jail,” the lawsuit states.
The claims say Schermerhorn also began visiting the 28-year-old inmate’s cell beginning last May when he worked overnight shifts. The woman alleges that Schermerhorn wrote her four or five letters, “which he always retrieved, requesting sexual favors and that (she) meet with him after her release from jail.”
Both lawsuits allege other jail officers were aware of what was taking place but that the facility’s policies gave the two male guards unfettered access to the female inmates. A sergeant who supervised the unit was only around during daytime work hours, according to the claim filed in March.
In the criminal cases, Dunn is charged with felony sexual misconduct, misdemeanor sexual abuse, official misconduct and coercion. Schermerhorn is charged with misdemeanor counts of sexual abuse and official misconduct. The status of the cases was not immediately available Wednesday. Greene County District Attorney Terry Wilhelm did not respond to a request for comment.
Seely, the sheriff, and Spitz, the jail superintendent, also did not respond to requests for comment.