State officials have agreed to pay $45,000 to settle the federal lawsuit of David H. Chapman, an inmate who was sexually assaulted by a corrections officer.
Chapman was repeatedly orally raped by corrections officer Marlin E. Freeman inside a chapel at the state prison in Bellafonte between 2010-12, according to court papers.
In 2012, Chapman filed a federal lawsuit against Freeman and three current Department of Corrections employees.
He alleged that Freeman repeatedly orally raped him, and that two DOC nurses and a DOC health-care administrator refused his pleas for help.
Freeman was dismissed, but the two nurses and health-care administrator continue to work at the Bellafonte prison.
In agreeing to the settlement, state officials acknowledge no wrongdoing.
The $45,000 payment will be placed in an interest-bearing fund on behalf of Chapman, according to the settlement.
Chapman’s attorney, Barry H. Dyller, had no comment on how much of the settlement money will go for attorney’s fees.
Last June, Freeman, 55, was sentenced to serve 11-and-a-half to 23-and-a-half months in the Centre County Correctional Facility.
Under the settlement, Chapman retains his right to sue Freeman in a separate action.
Susan Bensinger, a DOC spokesperson, said the department has a zero-tolerance level for institutional sexual abuse. Victims are encouraged to call a toll-free number that links directly with the Pennsylvania State Police
“Our reporting processes are only as good as the person reporting the incident,” Bensinger told PGN. “If they don’t report it, we don’t always know that it’s occurring. We have cameras in the facilities to guard against this. But they can’t be all-encompassing, 24-7. We have to know about the sexual assault to help the inmate. But sometimes we don’t know. I know that sounds awful. We should know. But we just don’t.”
Bensinger also said the DOC has a full-time employee who endeavors to ensure the department is in full compliance with the federal Prison Rape Elimination Act.
Chapman, 29, remains incarcerated at a state prison in Frackville.
