TALLAHASSEE, Fla. – A former Florida inmate is suing the Florida Department of Corrections and a re-entry program associated with the state agency for negligence after she was allegedly sexually assaulted by an employee.
Florida Women’s Reception Center in Ocala
Plaintiff Julissa Chavez filed her lawsuit last month in the Circuit Court of the Second Judicial Circuit in and for Leon County.
The named defendants include the Florida DOC, Operation New Hope Inc. and Christopher Simmons, who was an ONH employee.
Chavez, of Marion County, was arrested on Aug. 19, 2020. She began serving time on July 26, 2021 at the Florida Women’s Reception Center in Ocala.
On Sept. 18, 2023, Chavez was notified she received a “callout” for the Ready4Release program. The program, run by ONH and the DOC, gives incarcerated individuals support as they reintegrate back into society.
According to Chavez’s complaint, she was called by an ONH volunteer, Simmons, who instructed her to follow him to a room. Once they entered, Simmons asked Chavez to close the door behind her.
As part of the application process, Chavez was required to write down information. At one point, after Chavez made some mistakes, Simmons allegedly told her, “You are messing up my paper; I’m going to f**k you up.” Chavez, in her complaint, said the comment made her feel uncomfortable.
After she finished answering the questions, Chavez returned the paper to Simmons and quickly walked out of the room. Simmons then allegedly called her back in, claiming she needed to sign the paper. He again asked her to close the door; Chavez did so.
It was then, according to the 12-page complaint, that Simmons forced Chavez to perform oral sex on him. He did so for about 15 seconds, the filing states, until Classification Supervisor James Kramer entered the room.
“Kramer witnessed the sexual battery and immediately escorted Plaintiff out of the room, away from Simmons and into an office,” the complaint states. “Plaintiff was then interviewed by an inspector with Defendant FDOC, where she recounted the incident.”
There were no security personnel present when Simmons met with Chavez, the filing noted.
“The inspector stated that the absence of security was unusual, and that there should have been security supervising Plaintiff’s interactions with Simmons,” the complaint states.
“Defendant DOC had a nondelegable due [sic] to ensure the protection of Plaintiff and to ensure that proper security personnel were monitoring her release from DOC into the custody of ONH. ONH failed to have proper security for interactions between its employees and female inmates.”
Chavez claims that the DOC and ONH were negligent in failing to properly supervise Simmons and provide necessary security.
“As a direct and proximate result of the above unlawful acts and omissions, Plaintiff sustained economic damages, including lost income, emotional pain, anguish, humiliation, insult, indignity, loss of self-esteem, bodily injury, inconvenience and hurt …” the complaint states.
Simmons, Chavez alleges, “created a reasonable fear of imminent peril” on top of “intentionally and unlawfully” sexually battering her.
“Defendant Christopher Simmons acted in bad faith, with malicious purpose, and in a manner exhibiting wanton and willful disregard for human rights and safety,” the complaint states.
Chavez seeks damages and attorneys’ fees.
Marie A. Mattox PA, of Tallahassee, is representing her in the action.
