Former Whatcom corrections deputy, county sued for deputy’s alleged relationship with inmate
The county and a former Whatcom County corrections deputy are being sued in federal court by a woman he allegedly had an intimate relationship with while she was incarcerated.
The woman filed a lawsuit on Dec. 21 against Whatcom County, the Whatcom County Sheriff’s Office, Sheriff Bill Elfo and former corrections deputy Adam Garrett Miller in the U.S. District Court for the Western District of Washington in Seattle.
The woman alleges that Miller and the county violated her civil rights, according to court records. The woman’s lawsuit states that while she was incarcerated in the Whatcom County Jail in 2017 and 2018 Miller made sexual advances towards her while he was employed as a corrections deputy, according to court records.
Miller, 38, was charged in January 2019 in Whatcom County Superior Court with intimidating a witness, a felony, and second-degree custodial sexual misconduct, a gross misdemeanor. The intimidation charge carries aggravating factors alleging Miller committed the crime by using his position of trust, confidence or responsibility and that he also committed the offense to maintain his employment, the county court records state.
Miller was fired from his position as a corrections deputy with the sheriff’s office in February 2019. He had been employed since February 2017, according to the sheriff’s office.
In a response filed Friday, Feb. 19, to the woman’s lawsuit, Whatcom County and the sheriff’s office deny any allegations made against them, and asked the court to dismiss the woman’s lawsuit with prejudice, according to court records.
The county and sheriff’s office admit that Miller acted in bad faith regarding the woman and was subsequently fired from his position as a corrections deputy and charged criminally in county court. The county and sheriff’s office deny these actions were within the scope of his employment, the court records show.
The woman’s federal lawsuit states that after her release in 2017, Miller stalked her and showed up unannounced at a friend’s house looking for her. When the woman was incarcerated again in 2018, Miller allegedly “utilized other deputies to get (the woman) for him in order to create the appearance that none of the deputies were safe for her and all of them were involved and had Miller’s back,” the federal court records state.
Miller sexually assaulted the woman in areas of the jail where cameras didn’t reach and called into her cell on an unrecorded phone line used for attorneys to let the woman know he was watching her, the woman’s lawsuit states.
Miller also allegedly threatened the woman with isolation after initial reports of misconduct were made, according to the lawsuit.
The woman’s lawsuit says the sheriff’s office and county failed to conduct a proper investigation the first time it was notified of Miller’s alleged improper conduct, the court records state. The county and sheriff’s office breached their duty to investigate sexual misconduct, keep the woman safe from sexual misconduct and properly train and supervise Miller, the lawsuit states.
The woman is suing the county, sheriff’s office and Miller on eight federal claims, which include violation of her right against excessive punishment, fourth-degree assault with sexual motivation, sexual misconduct, intentional infliction of emotional distress, invasion of her right to privacy and negligent investigation, training and supervision. The woman is seeking general damages, lost earnings and lost future earnings, emotional distress and punitive damages and attorney’s fees, according to court records.
The county’s response states that the woman failed to mitigate her own damages, and that if any damages were caused, it was caused by parties not in the county or sheriff’s office’s control, the court records state.
At a Whatcom County Council meeting on Jan. 12, the council found that Miller was not acting in a manner in which the county had an interest, that he did not act in good faith, that he was not acting in discharge of a duty imposed or authorized by law and that he acted in bad faith and outside the scope of his employment with the county.
The council further found that Miller will not be indemnified and defended by the county.
The council found that Elfo was acting in a manner in which the county had an interest, in discharge of a duty imposed or authorized by law, that he acted in good faith and in earnest in regard to the matter and that the sheriff’s office diligently pursued an investigation into the matter at all times.
“As facts were discovered by the sheriff’s office, Bill Elfo took every appropriate action available under law, including but not limited to an internal investigation, referral of the investigation to outside police authorities, support of criminal action against Adam Miller and termination of Adam Miller from employment of the Whatcom County Sheriff’s Office,” council member Rud Browne said during the council meeting.
The council voted unanimously to indemnify and defend Elfo.
Miller has retained his own attorney but has not yet filed a response to the woman’s lawsuit, according to federal court records.
Miller’s criminal case in county court is scheduled for a plea and sentencing hearing on Feb. 25, the court records show.
