(CN) - The City of Boynton Beach, Fla. was deliberately indifferent to the safety and rights of a 20-year-old woman allegedly raped by an on-duty officer on the hood of his cruiser, a lawsuit claims.
The Officer, Stephen Maiorino, was arrested on Oct. 20, 2014, and charged with allegedly raping the woman five days earlier.
Maiorino, an eight-year veteran with the Boynton Beach Police Department, earned an "Officer of the Month" award in 2010, and was featured both on an episode of the "Cops" television show and truTV's "Most Shocking."
The department has already announced that Maiorino will be fired.
In a lawsuit filed in the Palm Beach County circuit court, the victim of the alleged attack, identified only as C.M., says she was a passenger in her friend's car on Oct. 15, 2014, when he was pulled over at a DUI checkpoint.
The friend was arrested on charges of driving while under the influence, effectively leaving C.M. stranded. Maiorino, who responded to the scene but did not participate in the arrest of the women's friend, said he would take her to police headquarters so her family could pick her up, the complaint says.
C.M. says once they arrived at police headquarters, Maiorino told her not to get out of the car, and began telling her that she was sexy, while rubbing her leg. He "then forced her to perform oral sex on him, threatening to arrest her if she did not," the complaint says. "C.M. submitted to this demand solely out of fear.
"Before he ejaculated, Maiorino held C.M.'s head down and drove to a location near Woolbright Road and I-95," the complaint continues. "Maiorino took out his gun, pointed it at C.M., and ordered her to 'get the f--k out of the car.' After C.M. stepped out, Maiorino continued pointing his gun at C.M., told her to remove her clothing and a tampon she was wearing, placed her over the hood of his patrol car, and raped her."
The plaintiff says after the rape, Maiorino yelled at her to put her clothes back on and, while showing her the gun was in fact loaded, told her that if she said anything to anyone about the incident, "I will kill you."
Notwithstanding this threat, C.M. said shortly after she was released she told her sister and mother what had happened, and was taken to Wellington Regional Hospital where she filed a formal complaint.
Maiorino has been charged with Armed Sexual Battery, Kidnapping, and Unlawful Compensation or Reward for Official Behavior.
In her lawsuit, C.M. says an investigation of Maiorino's internal affairs file turned up numerous complaints, incidents and findings that alerted the city to a need for additional discipline, training, and supervision.
"Simply put, the Boynton Beach Police Department displayed deliberate indifference to the rights of C.M. by knowingly permitting Maiorino to remain alone with her long enough to commit his crimes," the complaint says.
C.M. seeks compensatory damages on claims of the violation and deprivation of her civil rights, battery, assault, false imprisonment, negligent hiring, supervision, retention and training, and intentional infliction of emotional distress.
She is represented by Jack Scarola of Searcy, Denney, Scarola, Barnhart & Shipley on West Palm Beach.
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