Amy Coney Barrett Accused of ‘Unconscionable Cruelty’ in Teen Rape Case. rawstory.com/2020/10/amy-co…
Supreme Court nominee Amy Coney Barrett has been accused of “unconscionable cruelty” by a watchdog group over her role in an appellate court decision overturning a district court which found a Wisconsin county liable for millions in damages to a woman ..
who alleged she had been repeatedly raped by a jail guard.

“After a 19-year old pregnant prison inmate was repeatedly raped by a prison guard, Amy Coney Barrett ruled that the county responsible for the prison could not be held liable because the sexual assaults fell outside ..
of the guard’s official duties. Her judgment demonstrates a level of unconscionable cruelty that has no place on the high court,” Kyle Herrig, president of the progressive watchdog group Accountable.
“The only thing more concerning than the rush to confirm by Senate Republicans is what we are learning about Amy Coney Barrett’s extremist record. It is hardly surprising that she has dodged question after question during her testimony.”
Barrett was one of the three judges on a Seventh Circuit Court of Appeals panel which reversed a $6.7 million verdict against Milwaukee County in 2018 after a corrections officer was charged with repeatedly raping a pregnant 19-year-old inmate.
Former corrections officer Xavier Thicken was charged with multiple counts of sexual assault in 2013 after the woman alleged that he had raped her during and after her pregnancy at a jail run by the controversial former Sheriff David Clarke.
Those charges were dropped when he agreed to plead guilty to felony misconduct in public office in 2014.

The woman later filed a lawsuit against Milwaukee County. In her testimony, she alleged that Thicklen had raped her in different parts of the jail when she was eight months -
pregnant and demanded that she perform oral sex on him after giving birth.

A jury awarded the woman $6.7 million in 2017, which was upheld by District Judge J.P. Stadmueller before the Seventh Circuit Court overturned the ruling in September 2018.
Barrett joined Judges Daniel Manion and Robert Gettleman in reversing the district court ruling against the county, though it upheld the judgement against Thicklen. Mannion wrote in the unanimous opinion that the county was not responsible for the guard’s conduct.
“Conduct is not in the scope if it is different in kind from that authorized, far beyond the authorized time or space, or too little actuated by a purpose to serve the employer,” he said.

“Even when viewing the evidence in the light most favorable to the woman and the verdict ..
we hold no reasonable jury could find the sexual assaults were in the scope of his - Thicklen’s - employment,” the opinion stated. “The evidence negates the verdict.”

Martin told The Washington Post that late Justice Ruth Bader Ginsburg was a champion of women’s rights ..
and lamented the prospect of “replacing someone like that with a judge who is eager to use the language of sex discrimination in order to defend the status quo and to use the statutes that were created to forward gender equality as swords against that very purpose.”
Beth Barnhill, the executive director of the Iowa Coalition Against Sexual Assault, penned an op-ed this week warning that Barrett “holds extreme positions on areas of the law on which victims of sexual assault depend.”
“Survivors want and deserve a Supreme Court that works for all of us, yet a previous ruling from Barrett made it easier for students who are held accountable for sexual assault to sue their schools for sex discrimination,” Barnhill wrote.
“She suggested that a school’s commitment to taking sexual misconduct seriously is evidence of sex discrimination against the people who caused harm. This is deeply problematic and troubling for survivors.”
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