The City of Detroit is facing a significant legal challenge, with a woman filing a proposed class action lawsuit seeking more than $10 million, alleging severe mishandling of sexual assault cases. The suit, filed by Jane Doe, claims that the city neglected to properly address warnings about former police officer Benjamin Wagner, accused of being a serial rapist. Among the central allegations is the extensive backlog of nearly 12,000 untested sexual assault evidence kits, which allegedly concealed Wagner’s actions for decades.
Jane Doe, assaulted at gunpoint in 2005, submitted her complaint in the U.S. District Court for the Eastern District of Michigan. Her case highlights a broader systemic issue within Detroit’s police department, accused of failing to investigate sexual assaults and inadequately treating victims. Identified as her attacker only in March through DNA evidence linked to the city’s backlog, Wagner has been charged with multiple counts of first-degree kidnapping and criminal sexual conduct involving at least six women according to the lawsuit.
The complaint indicates Wagner exploited his position, using his patrol car, badge, and firearm to target women over almost twenty years. One noted incident involved Wagner allegedly threatening Doe with a handgun, forcing her into his vehicle, and assaulting her in a secluded area. Despite serious warnings, including a 2002 trial where Wagner was acquitted of sexually assaulting his stepdaughter, Detroit allowed him to remain on patrol without further scrutiny. According to BBC News, city officials had prior knowledge of Wagner’s potential threat, yet failed to act.
Doe also implicates the Detroit police department in broader negligence, citing two additional assaults she endured. In 2006, she reported being raped by Lavelle Davis, but alleges her claims were dismissed, with officers refusing to take her statement seriously. Similarly, in 2008, after being attacked by Jesse Harris, police allegedly did not document her allegations appropriately. Doe discovered Harris’ identity in 2016 following DNA testing, but was distressed to encounter him in the community, believing he had been apprehended, as reported by CNN.
This situation reflects a concerning pattern within the Detroit Police Department, where gender discrimination and a disregard for women’s rights have been alleged. In 2009, a significant number of untested rape kits were uncovered in a police warehouse, eventually identifying over 850 serial rapists across 40 states. The lawsuit claims that racial discrimination may also play a role, with more than 80% of those affected being women of color.
The case asserts claims including violations of the Fourth and Fourteenth Amendments, failure to train police personnel adequately, and gender discrimination. Jane Doe’s legal team argues that despite the passage of two decades, her claims are timely due to the threats and misconduct that prevented her from identifying Wagner earlier. The complaint argues that the city’s actions represent a long-standing municipal policy of indifference towards sexual assault survivors.
This lawsuit stands as a stark reminder of the systemic failures in handling sexual assault cases and the critical need for institutional reform to ensure justice and protection for survivors.