Prison Worker Sues Arizona after Violent Sexual Assault

Tucson, AZ (WorkersCompensation.com) – A civilian kitchen worker has filed suit against the State of Arizona after she was violently sexually assaulted inside a Tucson prison.

The lawsuit claims she was attacked by a high-risk prison inmate after he was left unsupervised. The suit was filed in 2024 but was moved to the U.S. District Court in January.

According to the complaint, the Arizona Department of Corrections' understaffing and other safety and security failures were to blame for the attack.

“State-run prisons are understaffed and contain too many violent offenders to be effectively controlled by staff,” the worker’s attorney claimed in the lawsuit. “Because of persistent long-term understaffing, there is a widespread and well-established practice and custom of officers and officials within ADC abdicating their authority to inmate leaders and relying on the inmates themselves to enforce prison rules.”

According to the lawsuit, the attack occurred on Sept. 28, 2023, in the Rincon Unit of the Tucson prison complex. The suspect, Demarco Hines, was in jail awaiting trial after being charged with multiple felonies including kidnapping and sexual assault. The lawsuit said that at the time of the assault, Hines was classified as a level-four inmate, just below maximum security. His prison file includes more than 20 disciplinary infractions including stalking the staff, fighting and indecent exposure.

The lawsuit claims that prison officials left Hines unsupervised for 30 minutes while he was sweeping the dining area. During that time, the prison employee claims, Hines entered the staff bathroom and attacked the victim.

“As Plaintiff began to open the bathroom, Inmate Hines forcibly pushed the door open, knocked her radio out of her shirt pocket, and punched her several times in the abdomen,” according to the account given in the woman’s lawsuit. “Plaintiff fell to the ground. Inmate Hines began to choke Plaintiff and threatened to kill her if she yelled again. Plaintiff screamed and begged Inmate Hines to stop. Inmate Hines choked [the victim] and restricted her airway until she lost consciousness. Inmate Hines violently sexually assaulted Plaintiff.”

In a statement, the Governor’s Office called the allegations “troubling.”

“As someone who’s spent years as a social worker, Gov. Katie Hobbs cares deeply about the safety and dignity of every Arizonan,” one of Hobbs' spokespeople said in a statement. “While we are unable to comment on pending litigation, we find the allegations outlined in this lawsuit troubling. This administration is committed to ensuring that all individuals feel safe coming forward to report any incident. The Governor’s Office will continue to prioritize measures that promote safety and fairness while carefully following the developments of this case.”

The lawsuit also alleges that the incident was premeditated and that Hines admitted to a fellow inmate that he had planned the attack.

The inmate reported that Hines got high on spice and told him, “Today’s the day, I’m going to get that, that bitch is mine, I’m getting that.”

According to the lawsuit, the prison has seen this before and should have known that Hines' actions were possible. The lawsuit cites a similar case involving an inmate attacking a teacher.

“[Defendants] know that civilian workers within state prisons receive little or no defensive training and do not have the authority or ability to control inmates or protect themselves from inmate-on-staff violence. As an example, in January 2014, an inmate and convicted sex offender stabbed and sexually assaulted a female teacher at ASPC-Eyman after the inmate was left with the teacher unsupervised. The State of Arizona ultimately settled with the victim for $3 million,” the lawsuit said.

Last year, legislation was introduced by U.S. Reps. Hank Johnson (R-GA) and Laurel Lee (R-FL) to prevent sexual assault against prison staff. Sister legislation was introduced by U.S. Sens. Marsha Blackburn (R-TN) and Jon Ossoff (D-GA).

The legislation, the Prison Staff Safety Enhancement Act, would give the U.S. Department of Justice’s Inspector General a year to conduct a statistical review of sexual assault and harassment cases reported on prison guards by inmates of federal prisons, perform an analysis of punishments inmates received and a create a report for House and Senate Judiciary Committees.

The legislation comes after 40 percent of Bureau of Prisons staff reported being sexually assaulted or harassed in 2023.

"It is unacceptable that nearly half of Bureau of Prisons staff experience sexual harassment or assault by inmates. The Bureau of Prisons must do more to ensure the safety of corrections officers and to hold perpetrators accountable," Lee said. "The Prison Staff Safety Enhancement Act will provide oversight to the federal prison system and fight these abuses." 

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