Kentucky Injury Lawyer Blog

A Franklin, Indiana woman has named a suspended police officer in a federal lawsuit filed by a former informant who alleges her civil rights were violated. The officer was suspended earlier in 2010, and it is unclear whether the suspension has any relation to this most recent lawsuit.
Officers Bryan Burton and Ryan Mears were accused of sexual harassment in the lawsuit, filed last month in federal court in Indianapolis

Ms. Toni Twyman was a “CI” (confidential informant) for the department where the two accused officers worked. She claims in her suit that the two officers sexually harassed her in the first half of 2009. She also accused Officer Burton of inappropriately touching and exposing himself to her.

Burton was suspended in March for supplying alcohol to a minor, engaging in "inappropriate, sexually suggestive conversations" with two women and placing a recording device in a private area on the body of a female informant without having a female officer present, as is required by department procedures. There may have been other reasons that led to his suspension including his treatment of Ms. Twyman.

Twyman's lawsuit has not been set for trial. She is asking for unspecified monetary damages.

Since 2005, the number of Kentucky nursing home inspectors has steadily decreased. Nursing home inspectors are tasked with ensuring nursing homes comply with state and federal law as well as investigating allegations of neglect or abuse.

On June 30, 2005, Kentucky had 90 inspectors. That number has since dropped to 72.

Federal officials have found that decreases in the number of inspectors often leads to underreporting of serious problems in nursing homes, the Lexington Herald-Leader reports. Kentuckians for Nursing Home Reform reported the understaffing trend last week. Understaffing means the “quality of care will slip” because “good enforcement is the key to quality care,” said Bernie Vonderhelde, the group’s founder and president.

The inspectors play a crucial role in discovering and preventing substandard care. The inspectors are responsible for nearly 600 licensed long-term care facilities in Kentucky, including nursing homes and facilities for the mentally disabled.

Regardless of the reasons for the staff shortage, nursing home neglect and abuse is a serious problem. If you or someone you know has been the victim of suspected nursing home neglect or abuse you should contact an experienced attorney immediately. They can often help you with getting proper medical treatment, preserving necessary evidence, getting the Inspector General to investigate, and protecting the rights and interests of the victim.
The attorneys of Bahe Cook Cantley & Jones represent victims of nursing home neglect and abuse. If you have any questions, feel free to contact Shawn Cantley directly by clicking here: profile.

For the full text of the Lexington Herald-Leader article, click here.

Another accusation has surfaced against a (former) National Football League (N.F.L.) player involving sexual assault. This, on the heels of recent news involving Pittsburgh Steelers quarterback, Ben Roethlisberger. In the most recent accusation a woman has accused retired NFL placekicker Tony Zendejas of raping her two years ago. A criminal trial has been conducted with the jury finding in favor, and acquitting, Mr. Zendejas. However, his accuser has elected to file a civil lawsuit against Zendejas and his San Dimas restaurant.

The woman is seeking unspecified monetary damages from Zendejas in her Jan. 22 complaint, which alleges negligence, battery, sexual battery and intentional infliction of emotional distress. While denying all accusations of rape or sexual assault Mr. Zendejas does acknowledge that the two had “consensual” sex on the night in question.

Zendejas' attorney said Thursday that he expects to prevail again in civil court. "Obviously our position has been the same as it was in the criminal trial," said attorney James Reiss. "The lawsuit has no merit. This was a completely consensual sexual encounter."

"We expect the same outcome as we had in the criminal trial," Reiss added. At present, this matter has not been set for trial.

According to WMYT, Dr. Jackie Maxey is being accused by another doctor in town of engaging in unprofessional conduct and the Kentucky Board of Medical Licensure has issued an emergency order of restriction.

The Board's report give examples of misconduct by Dr. Maxey. For instance, it sayd that Patient A as referred to in the report, is a 17 year old girl who visited Dr. Maxey with strep throat, but instead she claims that Dr. Maxey asked her mother to leave, then performed a PAP smear and didn't even look at her sore throat.

The report goes on to discuss a Patient B, who is a 21 year old who claims in one year she had 20-30 pelvic exams by Dr. Maxey. She also claims she had to allow the doctor to examine her in order for Maxey to write a prescription for another ailment.

When confronted by the board Maxey told them it was his passion to find and treat Gynecological Cancer because his mother died from the disease.

Maxey must be accompanied by a chaperon when doing his exams but the Board still allowed him to practice medicine. However, the Board indicated that Dr. Maxey could face criminal charges.

Bahe Cook Cantley & Jones attorney Larry Jones, who is experienced representing sexual abuse victims says, "I've got a feeling that this is just the tip of the iceberg. If a doctor is performing unnecessary pelvic exams, it is a tremendous violation of his patients' trust. This is just wrong!"

For more information about the rights of those who are sexually abused by a person in a position of trust, contact Larry Jones directly at 1-866-587-0002 or by email: click here to email Larry.

A Western Kentucky Preacher, Prince Wilbert Woolfolk, is scheduled to be tried on charges that he raped and sexually assaulted a teenager 25 years ago. He was indicted on the charges in 2008. The rape and sexual assault allegedly occurred sometime between November 1981 and February 1984, while he was preaching at Seventh Street Church of God in Owensboro. The preacher is presently 77 years old. The mother of the victim was 17 at the time the alleged rape and sexual assault occurred. The case was reported to the Commonwealth Attorney’s Office in July 2007. In 2008, the Preacher, who was then preaching in Madisonville, Kentucky, resigned his post as pastor of that church.

Attorney Brent T. Ackerson, a partner in the firm of Bahe Cook Cantley & Jones, stated: “I handle cases like this, and it is a tragedy when a person of authority and influence with young people takes advantage of that position and trust to sexually violate a young person. The emotional scars from these types of sexual assaults and rapes never go away.” Offenders who use their positions of trust and influence over young people include everything from preachers, to coaches, to teachers. They use their positions to prey upon the weaknesses of young people who trust and look up to them.

Many times these types of cases go unreported for extensive periods of time due to the shame that the young person feels. Additionally the sexual offender many times makes the victim feel as if the sexual assault or rape was the fault of the young person. These young people are forced to carry this emotional burden, which has long term effects upon their lives. These victims have rights. They need help and therapy, and the offenders should be brought to justice their offenses.

For more information on the rights of people, including young people and children, who have been raped or sexually assaulted, contact Brent Ackerson directly at (502) 587-2002 or email Brent. (Click here to email Brent).

On Wednesday Panama City, Fla., federal judge Richard Smoak ordered “Girls Gone Wild” videos to be turned over so he could make a ruling. His ruling involves a lawsuit currently pending in which four girls claimed they were coerced into exposing themselves for GGW’s company, “Mantra Films Inc.” Joe Francis, who has been involved in several lawsuits in the past is the owner of Mantra.

Francis’s attorney, Rick Bateman, filed a motion stating the plaintiff’s claims are not recognized under Florida law. In his pleading he stated that the plaintiffs “voluntarily” exposed their breasts, and under Florida law the exposure of breasts does not constitute sexually explicit conduct.

Included in the complaint is a charge of prostitution, which has also been rebuffed as ridiculous by the defendant. “They may have been encouraged, but were not coerced, and no criminal charges have been filed against any of the defendants for coercing them into prostitution,” Bateman wrote. Judge Smoak is expected to rule in the coming weeks.

A Phelps High School volleyball coach is facing sex-related charges after allegedly having inappropriate sexual contact with one of his 15 year old players. Police have charged Michael Ray Charles, 38, of Pike County with sodomy related to an incident that happened while the team was at a volleyball camp at the University of Kentucky in July. Investigators in Lexington say Charles allegedly spent a night in the UK dorm room with four teenage girls and had sexual contact with one of them.

Bahe Cook Cantley & Jones sexual abuse attorney Larry Jones, who is a member of the National Crime Victims Bar Association and has represented several victims of sexual abuse, says, "This is yet another tragic instance of an adult in a position of trust who has violated a child. This child will forever carry with her the scars of sexual abuse. It is irresponsible for the school to have allowed this coach to spend the night in a dorm room with several teenage girls."

For more information about the rights of those who have been sexually abused by a person in a position of trust like a teacher, minister, coach or counselor, contact Larry Jones by clicking here.