Maryland settles $800,000 with sexually harassed and assaulted former inmate – Baltimore Sun

Maryland paid $800,000 to a former state prison inmate who was sexually assaulted and harassed by correctional officers in Hagerstown.

The settlement, paid out this month, ended a years-long case before the state’s Office of Administrative Hearings. After a five-day, court-like hearing, an administrative law judge ruled in favor of inmate Brandon Bowden.

In a March 6 ruling, Administrative Law Judge Daniel Andrews recommended that Bowden receive $1 million. The Department of Public Safety and Corrections negotiated with Bowden’s attorneys and agreed to $800,000.

The Baltimore Sun does not release the names of victims of sexual abuse without their consent.

Bowden was the victim of a racist gang while incarcerated at the Maryland Correctional Institution – Hagerstown and sought protection from correctional officers, Andrews found after reviewing evidence and hearing testimony in the case. Two officers refused to transfer Bowden unless he got a sexually explicit tattoo, which he did.

After he was transferred, officers continued to sexually harass him. According to Andrews’s ruling, they forced Bowden to show his tattoo and wear a T-shirt with the same design. They also ordered other officers to make him repeat a degrading phrase as a “password” in order to enter and leave his cell.

One of the senior guards, Stephen Harbin, once ordered Bowden to go into an office and, after threatening Bowden, exposed himself and sexually assaulted him, according to Andrews’ ruling.

Harbin was charged in Washington County with second-degree rape, second-degree assault and related offenses. In 2021, he pleaded guilty to harassing Bowden, online court records show. A judge sentenced him to four days in jail and three years of unsupervised probation.

Administrative hearing records show that Harbin was entitled to resign, while six or more correctional officers involved in the harassment kept their jobs.

Harbin could not be reached for comment. His lawyer in the harassment case did not immediately respond to a message seeking comment.

Bowden was released from prison on July 1 after prosecutors in Wicomico County, where he was convicted of burglary, agreed to a reduced sentence, according to the attorney who handled his administrative case, Kristen Mack of the Baltimore civil rights firm Hansel Law.

Mack said in a statement that the system had failed her client.

“What happened to Brandon was egregious and widespread throughout the Maryland Correctional Institution – Hagerstown,” Mack said. “Several other inmates were also subjected to this type of treatment by correctional officers. Given the number of correctional officers, including sergeants, who participated in or knowingly permitted this abuse, it was virtually state sanctioned.”

The Ministry of Public Security and Corrections said in a statement that an investigation under the previous government “found findings, but was conducted at the level of prison directors and did not reach the management level.”

“Under the leadership of Secretary Carolyn J. Scruggs, the Department strongly condemns misconduct and is committed to strengthening accountability and improving oversight and processes for addressing misconduct at all levels of the Department,” the agency said.

Originally published: July 22, 2024 at 5:45 p.m.