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Judge orders IDOC to pay $1M in attorney fees, other costs, to former probation officer

Cynthia Fuller claimed administrators created a hostile environment following her reports she’d been sexually assaulted by another probation and parole officer.
Credit: Idaho Press file
Entrance to the Idaho Maximum Security Institution south of Boise.

BOISE, Idaho — The Idaho Department of Correction must pay attorney fees and other costs for a former probation and parole officer who in February won a yearslong legal battle with the state over a hostile work environment following her report of sexual assault by coworker.

According to the Idaho Press, the awarding of those costs and fees, totaling more than $1 million, was handed down Nov. 26 by U.S. District Court Judge David Nye. It’s another legal victory for Cynthia Fuller, the former officer, as initially reported by the Idaho Statesman. In February, a jury awarded her $1.8 million in emotional damages after a trial, finding her supervisors had, indeed, created a hostile work environment.

Cruz resigned in 2013, citing personal reasons, according to court documents. According to the Idaho Supreme Court online repository, he was never criminally charged with sexual assault in either situation.Also in 2013, Fuller filed a lawsuit against the state. A federal judge dismissed the suit in 2014, but Fuller appealed that decision. In 2017, the 9th Circuit Court of Appeals ordered the case back to the federal district court for a jury trial, which took place in February.

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Fuller then filed a motion asking a judge to order the state to pay her attorneys’ fees and other costs. Nye, the federal judge, made that ruling Nov. 26. He ordered the state to pay $1,011,357.47. That sum included $990,043.20 in attorney fees, $7,626.26 in non-taxable costs and $13,688.01 in taxable costs.

“IDOC has 30 days to comply with this order,” according to the Nov. 26 court document.

Asked for comment, Jeff Ray, spokesman for the Idaho Department of Correction, emailed the Idaho Press saying, “We have nothing to add at this time.”

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