Posted On: March 27, 2010 by David W. Terry

Registered Sex Offender Living at Nursing Home Abuses Defenseless Resident

Asbury Place, a nursing home facility located in Maryville, Tennessee, is facing a lawsuit after a resident, who was a registered sex offender, allegedly abused another resident.

James Strickland moved into Asbury Place in need of care. He had been convicted of rape and incest in 1992. According to the attorney who filed the lawsuit, the facility knew that Strickland was a registered sex offender but did not notify any of the residents or their families. The facility also did not develop a policy or procedure to address the situation. He said, "Our complaint is the knowledge they had beforehand and the lack of developing any sort of plan or policy to make sure people not only knew about it but that the safety and welfare of the residents is protected."

On March 13, 2009, Strickland entered another resident's room and sexually abused her. A facility employee heard the resident screaming and found Strickland in the resident's room with his pants down.

The lawsuit is asking for $13 million in compensatory and punitive damages from Asbury Place and James Strickland, who died in July 2009. The attorney is asking the court to establish probate so that the attorney can sue the estate.

The victim's family hopes to see an award of enough money to care for the victim by an in-home nurse. According to the attorney, "It's not about money, it's about change, and the only way you're able to make a change in civil litigation is by going after someone's wallet or pocketbook. It's only as a result of these sorts of lawsuits and this sort of public attention that nursing homes will hopefully straighten up and start providing the care that the residents deserve."