City sued in cop rape case

PROVIDENCE, R. I. (WPRI) - A civil suit has been filed against the City of Providence in the wake of a rape case implicating a city police officer.

Attorney Brian Cunha filed the suit Thursday, just days before the criminal case against suspended cop Marcus Huffman begins in Superior Court.

Huffman is charged with first degree sexual assault. Prosecutors said Huffman offered a drunk 19 year-old Massachusetts’ woman a ride home after she was turned away by bouncers at Providence nightclub "Platforms."

Investigators said instead of driving her home, Huffman brought her to the District 2 police substation and raped her. Prosecutors said they have video surveillance of the pair entering the substation and that Huffman left DNA on the alleged victim's underwear.

The civil suit does not specify how much in damages the victim is seeking from the city, but it names Huffman and Providence Police Colonel Dean Esserman along with the city as defendants.

"This particular police officer had prior issues," Cunha said. "Because this guy was a bad actor from day one, Colonel Esserman has a role as a supervisor and he has supervisory responsibilities."

The 8-count complaint accuses the department of failing to "properly select, train, instruct and discipline officers in the department, including defendant, Marcus Huffman."

The civil suit claims Colonel Esserman was aware of a rocky history with Huffman. It lists a charge against Huffman for having sex with a ten year-old girl when he was a teenager and for trying to extort oral sex from a prostitute.

Both those charges were dismissed. But Huffman was convicted of assaulting a DMV worker in 1998.

"They dropped the ball," said the alleged victim's father, who Eyewitness News is not identifying. "They knew his past history, they should've done something back then."

Monday jury selection began in Huffman's criminal trial. He pleaded not guilty to the rape charge in 2007. Huffman was suspended without pay pending the outcome of the criminal case.

The victim's father said his daughter would never have agreed to have sex with the officer because she is a lesbian. Cunha said that will most likely not play a role in the civil case.

"It certainly doesn't help him, though," said Cunha. "That removes one of his potential defenses."

If Huffman is convicted of the crime, Cunha said they will automatically win the civil case, according to state law. He said then it's a matter of if and how much the city will pay for his actions.

Cunha said the most outrageous part of the case against Huffman is when the officer took the initial report of sexual assault from the alleged victim that night in 2007. In the police report, obtained by Target 12 , Huffman makes no mention that he allegedly came into contact with the woman earlier that night.

• Read the entire police report

The alleged victim told investigators she woke up inside the substation and stumbled to a nearby family member’s house. Prosecutors said the surveillance shows Huffman left the substation alone.

The civil suit states a family member called and "a few minutes later three police officers showed up including, ironically, officer Huffman to take a complaint about the alleged incident, which he did."

The victim's father said he was told opening arguments in the criminal case could begin on Wednesday.

Huffman’s attorney Robert Caron nor the Providence Police Department returned calls for comment.

twhite@wpri.com