01/25/2013 11:33 am ET Updated Jan 25, 2013

Brett Jensen Suing Utah Police Officer For Letting Hospital Worker Perform Oral Sex While He Was Passed Out

A Utah man claiming that he was sodomized by a hospital worker while he was unconscious is suing a police officer he alleges didn't stop the sexual assault.

Brett Jensen is suing Logan City Police office James Gale, along with the Logan Regional Hospital, its employee Hal Lavaun Weston, and others because of a Jan. 20, 2012 incident at the hospital, where he was taken after passing out drunkenly in a police vehicle.

Jensen, who was later charged with public intoxication, trespass, and public urination, claims that Gale called Emergency Medical Services to take him to the hospital and followed the EMS van in his police cruiser to the hospital.

According to the suit, Gale left him "unconscious and incapacitated" in a treatment room in the care of Weston, who was later arrested for performing "unsolicited oral sex" on Jensen, according to The Smoking Gun.

Jensen is accusing Gale of observing Weston sucking "on plaintiff's penis while plaintiff was unconscious and handcuffed," and not attempting to "stop or arrest Hal Weston even though Officer Gale witnessed him perpetrating a felony sexual offense on plaintiff," according to documents obtained by Courthouse News Service.

The suit also alleges that for 30 minutes after the assault, hospital administrators, employees, contractors, staff and/or security allowed Hal Weston to re-enter plaintiff's room on two occasions and remain unattended.

Weston was later interviewed, arrested and booked into the Cache County Jail on suspicion of forcible sodomy. He was later fired and the hospital told KTVX-TV that officials would cooperate with an investigation of the incident being done by local police.

Jensen is seeking punitive damages for sexual battery, personal injury, emotional distress, negligent hiring, retention, training and supervision and vicarious liability.



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