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Court Keeps State Trooper’s Supervisors As Defendants In Sex-Abuse Case

The Alabama Supreme Court has ruled that supervisors of a state trooper accused of sexual abuse, will remain as such. The supervisors had claimed immunity as their actions were as agents of the state.

This began when a complaint was filed with the Department of Public Safety on June 4, 2008 citing the alleged incident. State Trooper Kerry Horton was then placed on mandatory leave on June 5, and was fired on June 19.

The complaint was filed by a woman who was a passenger in a vehicle stopped by Trooper Horton. The driver of the car was Allah Bishop who was arrested for driving under the influence. Bishop was then taken into custody by another officer.

The Supreme Court document then reveals that when the other officer had gone, Horton had the woman get into his car and drove her to another area where he began making sexual advances to her. It further states that he requested her to perform oral sex and when she refused he began forcibly kissing her on the neck and breasts and ejaculated on her. The record shows that he then took her back to her car and told her not to mention anything concerning this.

Perry County District Attorney, Michael Jackson stated that Kerry Anthony Horton, aged 29 was indicted by a Perry County Grand Jury and was arrested in the last week of September 2009 based on a woman’s charge that he fondled her. His bond was set at $20,000.

According to an article in the Birmingham News of November 2, 2009, has the following from the District Attorney:

The passenger stated that Horton put his hand inside her pants and that his body fluids got onto one of her arms and a hand, according to another document.

"There was some DNA evidence that indicated he had some kind of sexual contact with her," Jackson said.

Horton alleges the sexual contact was consensual, Jackson said. "She's saying it wasn't consensual," he said.

Later a suit has been filed against The Alabama Department of Public Safety and Horton’s supervisors. Below is the opening paragraph of the “Facts and Procedural History” of that suit

Exparte Charles Bitel et al.
(In re: Linda Sanders, as next friend and parent of S.E. v. Kerry Horton et al.)

On October 3, 2008, Sanders, as next friend and parent of S.E., sued the Department; State Trooper Kerry Horton; Col. J. Christopher Murphy, director of the Department; and the supervisors. Horton and the supervisors were sued in both their individual and their official capacities. The complaint alleged the following: That on or about June 4, 2008, Trooper Horton made a traffic stop of a vehicle driven by Allah Bishop in which S.E. was a passenger; that as a result of that stop Allah Bishop was taken into custody by another officer; that Horton was left alone with S.E.; that Horton had S.E. get into his police car; that Horton then drove S.E. to another area; that Horton began making sexual advancements toward S.E., which she rejected; that Horton ejaculated semen onto S.E.; that Horton requested oral sex from S.E. and S.E. refused; that Horton forcibly kissed S.E. on the neck and breast; and that Horton eventually took S.E. back to Bishop's vehicle and advised her not to mention what had happened.

The defendants listed above took the suit to court, where the trial court dismissed the department and the officials other than Horton’s immediate supervisors. These appealed to the State Supreme Court, who rejected their request to be released from being defendants.

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