Former jail inmate sues county Sheriff's Office

The 55-year-old says the office was negligent in dealing with his complaints that a corrections deputy had fondled him.

LARGO - A former jail inmate is suing the Pinellas County Sheriff's Office and a one-time corrections deputy over an incident in which the guard performed a sexual act on the inmate.

The 55-year-old former inmate filed a complaint in Pinellas-Pasco Circuit Court in August, though the suit has since been moved to federal court. The former inmate is seeking damages of at least $15,000.

The former corrections deputy, Scott Bartoszak, 41, was arrested on a sexual battery charge in December 2000 after investigators placed a surveillance camera in a book in the inmate's cell. The camera captured the sexual encounter.

Bartoszak, who resigned when confronted with the videotape, pleaded guilty three months later to a felony extortion charge. A judge sentenced him to five years of probation.

The inmate, whom the Times is not naming because of the nature of the allegations, is serving a life sentence in state prison. He had been sentenced to prison in 1970 for two gang-related murders, but was released in 1995.

He was arrested in Pinellas County four years later on drug charges and of being a felon in possession of a firearm. While awaiting trial on those charges, he said Bartoszak began coming on to him.

In November 2000, the inmate filed two written complaints with jail officials about Bartoszak's actions. In the first, the inmate claimed Bartoszak told him he "looked good." In the second, he claimed Bartoszak yanked down his pants and fondled him.

Investigators set up a surveillance camera, which the inmate's attorneys say was a bad move.

"Our position is, he complained to the (internal affairs) people, who essentially didn't believe him and to essentially shut him up, they put the video in there," said Bruce Young, the inmate's attorney. "They shouldn't have left an inmate where he's exposed to the obviously unwanted advances of the jail supervisor."

The camera recorded Bartoszak performing oral sex on the inmate. Bartoszak, who had worked for the Sheriff's Office about 10 years and has family members in law enforcement, admitted what he did.

"This is right out of a B-movie," Young said. "It's a bad situation."

Pinellas sheriff's officials declined to discuss the lawsuit Tuesday because it is pending litigation. But the county attorney's office has recommended the county fight the lawsuit.

Assistant State Attorney Robert Lewis, who prosecuted Bartoszak, said investigators told the inmate he didn't have to go through with any sex act. Investigators set the video camera to capture improper comments that could have resulted in Bartoszak getting suspended or fired - not necessarily to capture a criminal act, Lewis said.

But the inmate later told investigators he went ahead with the sex act because he didn't want Bartoszak to work in corrections again and because he wanted to prove the allegations.

"That's why he went ahead and let him do it," Lewis said.

But that created problems for prosecutors, who now would have difficulty proving the inmate didn't consent to the sex. Bartoszak's attorney, Tracy Sheehan, argued the inmate was trying to cut a deal for himself on his other charges and might have coerced Bartoszak.

"Obviously this guy wasn't a choir boy," Sheehan said.

Which is why prosecutors decided to make the deal on the extortion charge.

Bartoszak tried to end his probation early in August, but he was denied. He now lives out of state, where his probation has been transferred. He is working, but his license to work in corrections was stripped, as was his pension, Sheehan said.

The inmate in the lawsuit claims that Sheriff Everett Rice was negligent by not controlling Bartoszak, especially after he complained about his actions.

Bartoszak, who could not be reached Tuesday, is named as a defendant in the suit.

- Chris Tisch can be reached at 445-4156 or tisch@sptimes.com

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