SAN JOSE (CN) - An emergency room security guard sodomized a 14-year-old girl who had been involuntarily admitted to the hospital, the girl claims in Federal Court.
The guard, Alberto Martinez Maldonado, was convicted of three felony counts and sentenced to three years in prison, plaintiff E.G. and her father say in a lawsuit against Maldonado, Security Code 3 Inc. and Watsonville Community Hospital.
E.G., was taken to Watsonville Community Hospital's Emergency Room because of suicidal thoughts and was involuntarily admitted for a 24-hour hold, pending a transfer to another facility, according to the lawsuit.
Doctors Gordon Kaplan, Sterling Lewis and Stuart Simon - all named as defendants - learned that E.G. had a history of psychiatric illness with auditory hallucinations, and that she had planned to have sex with an 18-year-old man, the complaint states.
Despite knowing that this put E.G. at risk of having sex with male members of the staff, she was left alone with Maldonado for more than an hour and a half, according to the complaint.
E.G. and Maldonado began talking and then "started to kiss, exciting defendant Maldonado. Without E.G.'s permission and as a result of using a show of his authority as a guard to obtain her acquiescence, Maldonado inserted his fingers into E.G.'s vagina while they kissed," the complaint states.
"Maldonado told E.G., 'I want to suck your pussy.' E.G. told Maldonado 'no.'," the lawsuit states.
Maldonado persisted and eventually performed oral sex on E.G. without her consent, the girl says. She claims she did not feel that she was free to leave while Maldonado "sexually molested and harassed" her.
Before going off duty, Maldonado gave E.G. his cell phone number. During the next 15 days, they exchanged text messages and then arranged to meet at the hospital, the complaint states.
"E.G. met Maldonado at the hospital, they went to his car in the parking lot and they had sexual intercourse. While in the car, Maldonado put his fingers in E.G.'s vagina, put his penis in her mouth for purposes of oral sex and had vaginal intercourse," according to the complaint.
Then, E.G. says, Maldonado drove her to her middle school.
Three days later, Maldonado admitted during a police interview what he had done with E.G. He was charged with nine felony counts and pleaded no-contest to three of them: oral copulation on a person under 16, unlawful sexual intercourse with a person under 16, and meeting a minor for lewd purposes, according to the complaint.
He was sentenced to three years in state prison.
E.G. seeks punitive damages for unreasonable seizure, excessive force, sexual battery, and criminal violations.
She also wants the hospital, its doctors, and the security firm Maldonado worked for held liable for leaving her alone with male members of the staff and not properly training the security guards to monitor and supervise mental patients.
From them she seeks punitive damages for conscious indifference to safe conditions, supervisor liability, entity liability, conspiracy to violate civil rights, negligent infliction of emotional distress, and premises liability, among other things.
She is represented by Stan Casper with Casper, Meadows, Schwartz & Cook, of Walnut Creek.
The hospital did not immediately return a request for comment.