Judge tosses suit by female inmate

David Kihara

Tuesday, July 12, 2005 | 10:53 a.m.

A federal judge on Monday dismissed a suit against the Corrections Corporation of America brought by a female inmate who had sex with a former prison guard, according to attorneys on both sides of the case.

The judge, Robert Jones, also ordered that transcripts of Monday's hearing be sent to the Nevada State Bar because the case against the corporation may have violated rules on frivolous lawsuits, attorneys said.

The original suit, brought by Korinda Martin, alleged that the Corrections Corporation was negligent and did not properly hire and train staff at Southern Nevada Women's Facility, among other complaints.

While serving time at the facility, Martin had sex with a guard, Randy Easter, and was impregnated. She later gave birth to a boy.

Martin and Easter pleaded guilty to having sexual relations, and a state judge sentenced them both to probation. He stated during the sentencing that the sex between the two was consensual.

Jones supported the corporation's motion for summary judgment and ruled that the case would be effectively dismissed, according to Daniel Struck, the attorney representing the prison corporation.

Scott Olifant, Martin's attorney, also confirmed this.

"The ruling speaks for itself," Struck said.

In its motion, the Corrections Corporation argued that there is no evidence that its training program was inadequate. It also argued that there was no evidence of negligent hiring or supervision of Easter.

"The only evidence in this case is that (Martin) and Easter took extreme measures to avoid having their relationship discovered by prison officials, including keeping their six sexual encounters as brief as possible," according to the defense's motion.

Olifant, however, said that while he is disappointed with the judge's decision he is considering all options, including filing an appeal.

He said he was also upset that Jones requested that the transcripts of the hearing be sent to the Nevada Bar Association.

The judge essentially felt that Martin schemed to get pregnant and then sue, lawyers said. They said that Jones believed Martin's suit may have violated rules on frivolous lawsuits and rules dictating that an attorney make accurate representation of a case as an officer of the court.

Olifant declined to comment in depth on the judge's decision, saying, "my theory of this case did not depend on whether (Martin) had created the situation to gain money."