Nursing Home Accused|of Ignoring Predator

     (CN) – An assisted living facility in Volusia County, Fla. negligently hired a man with a history of extreme physical and sexual violence and gave him free rein in the institution where he raped mentally impaired residents, a lawsuit claims.
     According to a complaint filed Sept. 18, Joel Maldonado grew up in a dysfunctional home where domestic violence was the norm, and he and his brothers carried out routine sexual assaults on each other and other youths.
     Kirby Haws, the plaintiff in the case and son of one of Maldonado’s alleged victims, claims Maldonado’s penchant for violence continued into adulthood, and that he was arrested following a violent altercation with Daytona Beach police.
     However, Maldonado completed a pre-trial diversion program and those charges were dropped, Haws said. He then became a certified nursing assistant, and was hired to work in the memory care unit of the Grace Manor Assisted Living and Memory Care facility in Port Orange, Fla.
     Haws says the during Maldonado’s employment, his primary responsibility was to look after the most infirm elderly residents of the facility, those suffering from Alzheimer’s disease and dementia.
     Then, in early September 2014, the complaint says, Maldonado began to sexually attack some of his patients.
     The first attack, Haws alleges, involved a 100 year old woman, identified as “J.H.”
     “In his taped confession, Joel Maldonado admitted that when he was wiping urine from her vaginal area while assisting her going to the bathroom, he mildly, digitally, penetrated her vagina for 1 to 2 minutes for his own sexual gratification until it appeared she was not enjoying it and was in pain, so he stopped,” the complaint says.
     Afterwards, the behavior of the alleged victim of the attack changed dramatically, but she was unable to communicate beyond screaming in fear whenever Maldonado volunteered to assist her.
     Haws claims the facility’s staff began to have concerns about Maldonado, considered him “strange” and “creepy,” and even conducted a Google search to learn more about his background.
     However, Haws says, that searched turned up nothing, and “shockingly” Grace Manor continued to employ him.
     Maldonado allegedly went on to rape two more residents, including a woman identified only as “G.G.,” for whom Haws serves as guardian, and another identified as “M.C.”
     “Like J.H. and G.G., M.C. has not been the same since these attacks,” the complaint says.
     Haws says Maldonado abruptly resigned his position on February 26, 2015, and confessed the sexual assaults to his minister, who immediately informed the police.
     The complaint says that Maldonado gave a full confession on audio tape on March 2, and after being read his Miranda rights he was arrested on charges of sexual battery by the Port Orange Police Department.
     Haws says the situation was compounded by the reaction of Grace Manor.
     Upon learning of the attacks from police, the assisted living facility failed to report these incidents to the family members and legal representatives of the victims, he says.
     Haws seeks unspecified damages on claims Grace Manor failed to protect its residents, failed to properly hire, train and supervise its staff, and failed to report the sexual attacks.
     He is represented by William Dean from Ford, Dean & Rotundo in Aventura, Fla.
     The Grace Manor Assisted Living and Memory Care facility failed to respond to a request for comment on the pending lawsuit.

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