In 2010 William Cubbage, a registered sex offender with a criminal history reaching back to the 80’s, was assigned to a nursing home from state custody due to advancing dementia. When he was placed in the home, no special measures were taken to protect other residents from the predator which ultimately resulted in a 2011 sexual assault of a 95 year old female resident. Cubbage, who was never charged with a crime, was placed back into state custody at a mental health facility and the state was faced with a lawsuit from the victims family for the personal injuries suffered by their loved one. The basis of the suit was that the state had a legal duty to supervise Cubbage due to his sex offended status and their failure to do so lead the injuries. However, an appeals court has upheld a lower court’s dismissal of the suit reasoning the state had no obligation to provide plans to protect the safety of other residents after the transfer was judicially approved. Currently the family is considering an appeal to the Iowa Supreme Court while another suit against the nursing home for the incident remains in court.
See, Court: Iowa had no duty to monitor predator at nursing home, Houston Chronicle, March 23, 2016.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
