Sexual Assault Claim Filed Against Nashville IRS Worker
A woman who claims she was sexually assaulted by a Nashville IRS worker who was indicted in October 2015 recently filed a $1 million sexual battery claim against her alleged assailant. The suit, filed in the Middle District of Tennessee, alleges the agency failed to properly train the alleged attacker and should be liable for their negligence.
Attorneys for the plaintiff filed the claim against the Department of the Treasury, claiming she incurred “significant emotional and psychological stress for which medical treatment has been sought.” The claim form mentions the attacker’s wife as a witness to the claim, who was also a witness in the criminal charges against the alleged assailant.
According to reports, the alleged assault took place during an IRS compliance check of the plaintiff’s convenience store. The victim alleges her attacker threatened legal action and confiscation of her business in a ruse to obtain power over her, at which point he choked and groped her. Over the course of several hours enduring the assault, the victim blacked out, allegedly.
Media outlets suggest independent watchdog organizations found instances where other IRS agents found to commit similar acts were punished with only a few days suspension. Furthermore, the agency rehired agents who were let go for previous instances of misconduct, according to these oversight groups.
The plaintiff’s attorney claims the IRS was perhaps aware of their employee’s previous bad behavior but failed to properly address the warning signs. The claim alleges the plaintiff’s attacker confessed to his wife the attack that spurred his arrest was “the last one,” suggesting this was a repeated behavior the agency missed.
Filing claims against a federal agent
Under the Federal Tort Claims Act (FTCA), claimants must file claims with the agency overseeing the alleged tortfeasor before they may file formal lawsuits. Victims must file claims using Standard Form 95 (SF95) and specifically lay out monetary damages and provide evidence to support their claim.
The agencies are given an opportunity to settle these claims with victims before they proceed to the courts. After a settlement offer is given, claimants may accept the offer or decline and move on with formal civil lawsuits against the federal government. Claims must be filed in the federal district court where the alleged incident took place.
Should a lawsuit be filed, the case will be assigned to an attorney with the United States Department of Justice. Claimants may not file suits asking for more money than they originally asked for in their SF95 filing.
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If you or a loved one was harmed by a federal employee or entity during the scope of their operations, you may be entitled to compensation under the Federal Tort Claims Act. Having experienced Nashville personal injury lawyers on your side can help ensure your best legal interests are supported and compensation maximized.
Contact our office for a free consultation about your case. At Calhoun Law, PLC, our attorneys have the legal training and experience to ensure your legal rights are exercised.