Jenie Mallari-Torres Feb. 14, 2017, 2:11pm


ST. LOUIS — A legal guardian of a Gasconade County resident is suing the county, two police departments and a sheriff, citing alleged failure to uphold Americans with Disabilities Act (ADA) regulations.

D.P., the legal guardian of a 25-year-old mentally disabled woman who is using a pseudonym, filed a complaint on Jan. 30 in the U.S. District Court for the Eastern District of Missouri against Gasconade County, Hermann Police Department, Rosebud Police Department, Sheriff Randy Ephorst and John Doe. The complaint alleges that they failed to uphold the rights of a protected class against abuse and threat.

According to the complaint, the plaintiff alleges that beginning on Jan. 29, 2012, the woman was coerced into having non-consensual sexual intercourse with Deputy Sheriff Mart Rainey and his acquaintance Jonathan Pohlmann. The officer used his employment with the defendants and his position of power to abuse and discriminate against a disabled person, who suffered physical and emotional damages, mental anguish, anxiety, loss of freedom, humiliation, disgrace and fear; and was hospitalized for her physical and mental injuries.

The plaintiff holds the defendants responsible because they allegedly discriminated against her due to her mental disability and failed to supervise the officer.

The plaintiff requests a trial by jury and seeks judgment against the defendants, special damages, attorney's fees, costs and further relief as the court deems just. He is represented by Adam M. Goffstein of Goffstein Law LLC in St. Louis and Daniel J. Orlowsky of Orlowsky Law LLC in St. Louis.

U.S. District Court for the Eastern District of Missouri Case number 17-cv-00308

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U.S. District Court for the Eastern District of Missouri
111 S 10th St
St. Louis, MO 63102

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