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At all relevant times, Hylton was in remedial classes and was described as “mentally slow.”Dela Cruz and Hylton reported some of these incidents to CO Keisling, who then relayed their complaints to the Manager of Detention, James Mc Coy, in a memorandum dated April 9, 1993. Also on April 9, 1993, Pat Byler, the GED teacher at the jail, sent a memorandum to Jon Barth, Administrative Assistant to the Manager of Detention, advising him of Dela Cruz's allegations. After receiving Byler's memorandum of April 9, 1993, Barth conducted an investigation of CO Toomer.
He spoke to inmates Dela Cruz and Hylton and had CO Toomer take a polygraph test.
Something did occur between CO Toomer and inmate Hylton․ Therefore the Department has no alternative but termination of this employee.” Id. Despite Barth's recommendation, no disciplinary action was taken against CO Toomer. ARNOLD, Chief Judge,1 and Mc MILLIAN and WOLLMAN, Circuit Judges. Dela Cruz also observed CO Toomer and three male trustees having sex with female inmates in the showers. Schermerhorn, Jackson County Counselor, on the brief), for Appellant. Jackson County, Missouri (the County), appeals from a final order entered in the United States District Court Ware v. On one occasion, CO Toomer allowed a male inmate to look in on Dela Cruz while she used the toilet.A forensic chemist for the Regional Crime Lab tested the swabs and detected the presence of seminal fluid.At trial, the jury found that CO Toomer had raped Ware on the night of August 29, 1993.