Valley City, North Dakota
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Jury gets jail case after long day of closing arguments
Monday, 10 March 2008

By Steve Browne
Valley City Times-Record

    The defense brought one final witness before resting Friday, in the lawsuit brought by a former inmate in the Barnes County jail against Barnes County and former jailer Kevin Schudar.
    Michele Grager brought the suit alleging that Schudar sexually abused her while she was in custody, and that Barnes County acted with reckless disregard in failing to adequately train and supervise Schudar, arguing that there was a "persistent, pervasive and continuous" pattern of deliberate indifference to problems at the jail.
    Schudar's attorney claimed that the sexual contact was consensual. Attorney for the county Howard Swanson argued that Barnes County was not responsible for Schudar's conduct and could not be held liable.
    Schudar was convicted after the incident on the criminal charge of Abuse of a Ward and terminated from employment with the county.
    Most of Friday was occupied with negotiations between lawyers for both sides over jury instructions and the verdict form to give the jury. The verdict form contained 19 questions for the jury to decide, which included questions about: consent, harm, percentage of fault assessed among the three parties to the suit and damages to be awarded.  
    The defense first called former Stutsman County corrections officer Jack Kreil, who testified that while Grager was in custody at the Stutsman facility 11 days after the incident in the Barnes County jail, he had written her up for making a sexually suggestive remark about jail guards.
    Kreil testified that Grager had on a few occasions appeared for roll call in shorts and T-shirt, rather than the jail uniform, and that she had told another inmate, "Now's a good time to take a shower with these guys here."

For the full story, see Monday's edition of the Valley City Times-Record. 

Last Updated ( Tuesday, 11 March 2008 )
 
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