Community Education Centers, Inc. sued by prisoner for sexual assaults at Kinney County Detention Center

By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.

A former prisoner at Kinney County Detention Center in Brackettville, Texas, filed a lawsuit against Community Education Centers, Inc. and Randall Dennis Bullard in the 63rd Judicial District Court, Kinney County, Texas on March 14, 2014, alleging that during April through May 2013 he was sexually assaulted by a prison guard at Kinney County Detention Center, operated by Community Education Centers, Inc., while he was an inmate there.

Plaintiff, Carlos Barrera Chacon, is a Honduran national who was detained at the Kinney County Detention Center in Brackettville, Texas. Plaintiff’s Original Complaint alleges that Defendant, Randall Dennis Bullard, was employed as a prison guard by Co-Defendant, Community Education Centers, Inc., at the Kinney County Detention Center while he was detained there.

Plaintiff Original Petition alleges that Defendant Bullard’s “duties at Community Education Centers, Inc. included supervising inmates in the prison kitchen where Plaintiff was assigned to work. On various occasions, Defendant Bullard ordered Plaintiff to to go to areas of the kitchen, including the walk-in refrigerator and supply closet, that were outside the purview of any surveillance cameras. It was in these areas where Bullard sexually assaulted Plaintiff. When Plaintiff protested, Bullard verbally intimidated him threatening to get him in trouble if he reported these assaults.”

Plaintiff alleges that Defendant “Bullard’s actions constitute sexual assault and improper sexual activity with a person in custody as defined by Texas Penal Code Section 39.04. At all times pertinent, Bullard was acting within the course and scope of his employment with Defendant [Community Education Centers, Inc.], which is vicariously liable under respondeat superior.”

Plaintiff alleges that Defendant Community Education Centers, Inc. “is directly negligent and grossly negligent for allowing circumstances to permeate at [Kinney County Detention Center] which gave Bullard the opportunity to repeatedly and criminally assault Plaintiff.”

Plaintiff alleges that “as a direct and proximate result of the actions of the Defendants, joint and severally, Plaintiff sustained deep emotional and psychological injuries which haunt him to this day.”

Plaintiff is seeking damages against Defendants, Bullard and Community Education Centers, Inc., including for “physical pain and suffering in the past and future; mental anguish in the past and future; reasonable attorney’s fees; and punitive and exemplary damages….Plaintiff seeks monetary relief in excess of one million dollars ($1,000,000) dollars.”

Defendants have filed an Answer denying Plaintiff’s allegations in his Original Petition. Defendants have filed affirmative defenses to Plaintiff’s allegations.

Plaintiff’s case is pending before 63rd Judicial District Judge Henry Fernandez, Kinney County, Texas in Brackettville.

Interestingly, Defendant Bullard was indicted by a Kinney County grand jury in a separate criminal case presented by 63rd Judicial District Attorney Fred Hernandez for the alleged sexual assaults on September 16, 2013, but the criminal indictment was dismissed by Judge Henry Fernandez on August 6, 2014, after a Motion to Dismiss was filed by District Attorney Fred Hernandez on the grounds that the “complaining witness has been deported to his native country.”