CHARLESTON – A fourth woman has filed a civil lawsuit claiming a former Kanawha County deputy sheriff and bailiff sexually assaulted and abused her while in custody.
Close
The victim filed her complaint anonymously November 4 in federal court against Cass Close, the Kanawha County Commission and an unnamed deputy.
On July 29, Cass sexually assaulted and abused another woman while she was in custody at the courthouse. That civil complaint details how Cass made sexual comments to the woman before forcing her to perform sexual acts, exposing himself and taking photographs of her against her will.
The 54-year-old Close, who lives in Quick, was charged in the first case with imposition of sexual acts on persons incarcerated, detained or under supervision. He is being held in a regional jail. The West Virginia State Police is handling the investigation. The criminal complaint charging Close said he provided a confession to investigators, and Close was fired by the county and arrested by State Police.
diTrapano
“Unfortunately, as detailed in these complaints, the alleged abuse by Close and missed warning signs by the county caused so many to be forced to endure a shocking and life-changing type of abuse,” attorney Dante diTrapano told The West Virginia Record. “To be locked up, cuffed, shackled, and at the mercy of a sexual predator that was provided a badge and a gun is a nightmarish event on its own.
“But to have such atrocities happen in the middle of the courthouse, in areas that should have been constantly surveilled by police presence is utterly disturbing.”
A second similar civil complaint was filed in August by another woman, and a third complaint was filed last month.
Forbes
“Once again, there are allegations of another victim of a former bailiff who was allowed to apparently run rampant through the halls of justice and cause immeasurable harm,” attorney Jesse Forbes told The Record. “These brave survivors have come forward to hold not only this former bailiff accountable but also the county itself to help ensure the things that were obviously broken are fixed, and that no one else’s daughter, mother, or loved one is abused in this way.”
The woman at the center of the latest complaint, identified as C.C.V. 4 or Cass Close Victim 4, is a Kanawha County resident arrested earlier this year who had a hearing scheduled for July at the Kanawha County Courthouse.
After being transported from South Central Regional Jail in a belly chain, handcuffs and shackles, the belly chain was removed by bailiffs. While awaiting her hearing in a holding cell, she asked to use the restroom. She says Close escorted her to the bathroom where he then pretended to release her handcuffs as he made a series of inappropriate sexual comments.
Close asked her if her pubic area was shaved, if he could “touch it” and then ordered her to take down her pants, according to the complaint, while he continued to make inappropriate sexual comments to her and invade her personal space, pressing his body against her in the bathroom.
“As plaintiff remained handcuffed and shackled, defendant Deputy Sheriff Close put his fingers inside her vagina,” the complaint states. “Plaintiff informed … Close that she needed to urinate, and he then left the bathroom but continued to watch plaintiff through the window.
“Close then re-entered the bathroom and resumed his inappropriate sexual comments as he again put his fingers inside plaintiff’s vagina. He then took out his cell phone and, as plaintiff remained helpless and exposed, he appeared to take a photo of her vagina.”
When Close seemed to hear someone approaching, the plaintiff says he stopped and returned her to the holding cell.
The plaintiff says the other deputy nor any other county employees did anything to attempt to stop Close from sexually assaulting her.
Following the encounter, “Close took plaintiff back to the holding cell, locked the cell door and left (her) alone to deal with the aftermath of the sexual assault and abuse,” the complaint states. “Close provided no other care or medical treatment for her and left the holding area. Plaintiff was left along in the holding cell, humiliated, panicked, anxious and physically shaking in fear.”
The plaintiff says she has suffered significant anxiety including panic attacks, has difficulty sleeping, has nightmares and suffers from depression and great emotional and mental anguish. She says she also has developed a great fear of police.
During a return visit to the courthouse, she says she was terrified of seeing Close again and having to endure similar “horrendous treatment” from him or other bailiffs.
“For the survivors, it is now a constant traumatic wound that they will be forced to bear forever,” diTrapano said. “Our country was built on the ideal that we are supposed to be equals and are supposed to come to courtrooms for truth and justice. Our clients in these matters came to court, and put their faith in these deputies, but found the direct opposite of justice.
“We are confident that through this civil process they will at least find a sense of accountability from all who bear responsibility for these shocking wrongs.”
The plaintiff accuses the defendants of violating her civil rights, negligent training, negligent supervision, negligent retention, negligence and negligent infliction of emotional distress.
“This former deputy obviously preyed on the weak and vulnerable and it’s hard to imagine anyone more vulnerable than a detainee in handcuffs and shackles that is totally dependent on the police for even the basic need of going to a bathroom,” Forbes said. “With the pattern that has emerged it is alarming that these abuses were allowed to continue on so many different occasions and with so many different victims.
“A perp in a Wal-Mart wouldn’t get away with so many different attacks. You would expect the security at the largest state courthouse in West Virginia to be able to protect people better than that.”
As with the previous three cases, the plaintiff seeks general, compensatory and punitive damages as well as pre- and post-judgment interests, court costs, attorney fees and other relief.
She is being represented by Forbes and Jennifer N. Taylor of Forbes Law Offices in Charleston as well as by diTrapano, Amanda J. Davis and Timothy D. Houston of Calwell Luce diTrapano in Charleston.
U.S. District Court for the Southern District of West Virginia case number 2:25-cv-00649
