- A former Craggy Correctional Center inmate prevailed in a federal
lawsuit claiming that he was sexually assaulted by a prison supervisor
who later accused him of rape.
According to Asheville Citizen Times, a jury
concluded that convicted murderer Shane Smith's constitutional rights
were violated by Edith Pope, who served as the Buncombe County prison's
assistant superintendent before her 2006 conviction for sexual battery
by a custodian.
the jury ruled that Smith is entitled to just $1 in compensation,
according to court records. The trial was held this month in U.S.
District Court in Winston-Salem.
jury vindicated Mr. Smith," said his attorney, D.J. O'Brien. "Its
verdict proves that Edith Pope violated his rights by abusing her
position to have a nonconsensual sexual relationship with Mr. Smith
while he was under her supervision and control.
"Although Mr. Smith believes a significant money damages award would have been appropriate, he is gratified by the outcome."
57, pleaded guilty in August 2006 in Buncombe County Superior Court to
seven counts of sexual activity by a custodian and was sentenced to
22-36 months in prison. She was released in June 2008.
44, was convicted in 1990 in Polk County of second-degree murder, arson
and burglary and was sentenced to life in prison. He is eligible for
parole in 2020.
the civil case, the trial judge dismissed claims against Theodis Beck,
former secretary of the N.C. Department of Correction, and other state
the jury found that Smith is "entitled to recover on his claim that
Edith Pope intentionally, maliciously and sadistically committed acts
that violated Shane Smith's constitutional right not to be subjected to
cruel and unusual punishment under the Eighth Amendment," according to
the verdict sheet.
lawsuit, filed in October 2008, claimed Smith's constitutional rights
were violated because prison officials had an obligation to provide safe
confinement conditions and retaliated against him for disclosing the