Cop Watched Him Be Fellated, Man Says

LOGAN, Utah (CN) - A police officer stood and watched while a hospital worker fellated a passed-out drunk, handcuffed patient, the man claims in court.

Brett Jensen sued the Logan Regional Hospital, its employee Hal Lavaun Weston, Logan City police Officer James Gale and others, in Cache County Court.

Jensen claims in the complaint that after he had been arrested, and taken to the hospital, "Officer Gale observed defendant Hal Weston sucking on plaintiff's penis while plaintiff was unconscious and handcuffed.

"While dressed in his police uniform and carrying a badge and firearm, Officer Gale did not stop or arrest Hal Weston even though Officer Gale witnessed him perpetrating a felony sexual offense on plaintiff."

Jensen claims Officer Gale arrested him just before 11 p.m. on Jan. 20, 2012, in response to "a dispute call."

"Plaintiff was 'highly intoxicated,'" the complaint states.

It continues: "En route to the Logan City Police Department, plaintiff passed out in the police vehicle and was unresponsive upon arrival."

Jensen claims Gale called Emergency Medical Services to take him to the hospital, followed the EMS van in his police cruiser, and left him "unconscious and incapacitated" in a treatment room. He claims that Jensen left him "unattended and unobservable" while he filled out his arrest report on a laptop at the nurses' station.

Hospital tech Hal Weston used the time to perform "nonconsensual fellatio" on Jensen, according to the 20-page complaint.

Jensen claims that another hospital employee, a woman, "entered plaintiff's room and witnessed plaintiff with his shirt pulled up past his nipple line and his underwear down to his knees with Hal Weston extremely close to plaintiff's face. Although Hal Weston left the room at that point, he was subsequently allowed to reenter plaintiff's room at various times throughout his shift.

"After hospital nurses and staff were aware of Hal Weston's inappropriate conduct, at approximately 12:44 a.m., Jan. 21, 2012, Officer Gale completed his report and went to check on plaintiff.

"Upon information and belief, Hal Weston had pulled the curtain to the room either closed or slightly open and Officer Gale could not see into the room.

"Officer Gale pulled back the curtain slightly to check on plaintiff's status.

"Officer Gale observed defendant Hal Weston sucking on plaintiff's penis while plaintiff was unconscious and handcuffed.

"While dressed in his police uniform and carrying a badge and firearm, Officer Gale did not stop or arrest Hal Weston even though Officer Gale witnessed him perpetrating a felony sexual offense on plaintiff.

"Officer Gale backed away from the curtain and walked down the hallway into another room. Officer Gale took no measures to stop the ongoing felony sexual assault on plaintiff," the complaint states.

It adds: "For approximately 30 minutes that followed the assault, hospital administrators, employees, contractors, staff and/or security allowed Hal Weston to re-enter plaintiff's room on two occasions and remain unattended."

Gale "eventually" told hospital staff and security about the assault, but watched Weston "walk out of the hospital and did not stop him or arrest him," the complaint states.

Jensen claims that police and hospital staff confronted Weston about the incident the next day, but does not state what action, if any, was taken.

Jensen claims Logan Regional Hospital had received "numerous" unspecified complaints about Weston before that night, but allowed Weston unsupervised access to his room anyway.

Logan, pop. 48,200, is 82 miles north of Salt Lake City.

Jensen seeks punitive damages for sexual battery, personal injury, emotional distress, negligent hiring, retention, training and supervision and vicarious liability.

He is represented by Brad Bearnson with Bearnson & Caldwell.

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