Iowa Sup Crt: State not responsible for nursing home rape of 95 year old woman

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By Levin Perconti Blog:

The daughters of a now deceased 95 year old woman filed a lawsuit against the state of Iowa and the nursing home of which she was a resident during a sexual assault committed by a fellow resident, a violent sex offender. A lower state court ruled that the state was not liable and the Iowa Supreme Court upheld that decision earlier this month. Despite the court’s ruling, the daughters of the victim are still pursuing the lawsuit with the nursing home now named as the sole defendant.

Here’s the crux of the argument against the state of IOWA:

William Cubbage was convicted of four violent sex crimes against children between 1989 and 2000. He served time for his offenses and upon his release in 2002 was sent to a state-run institution that focused on rehabilitation of sex offenders. After 8 years he was released from state custody and admitted to Pomeroy Care Center, a private nursing home in Iowa. In less than a year at the center, a child visiting a family member saw Cubbage assaulting the woman. The victim’s daughters sued the nursing home and named the state of Iowa as a defendant, arguing that the state should not have allowed Mr. Cubbage, a man with an extremely violent past, to be admitted into a nursing home amongst vulnerable elderly residents. Attorneys for the state argued that once Cubbage’s prison sentence and court ordered rehabilitation was completed, they had no responsibility for him.

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