TUCSON, AZ — A civilian kitchen worker is suing the State of Arizona after she was violently sexually assaulted inside the Tucson prison by a high-risk inmate who was left unsupervised.
The lawsuit was filed in county court in September 2024 but was reassigned to the U.S. District Court of Arizona earlier this month.
The victim’s complaint alleges the Arizona Department of Correction has persistent understaffing and other safety and security failures that led to the attack.
“State-run prisons are understaffed and contain too many violent offenders to be effectively controlled by staff,” according to the lawsuit. “Because of persistent long-term understaffing, there is a widespread and well-established practice and custom of officers and officials within ADC abdicating their authority to inmate leaders and relying on the inmates themselves to enforce prison rules.”
ABC15 is not identifying the victim, who is cited only by initials in the lawsuit.
Attorneys for the woman did not respond to an interview request, and the Department of Corrections declined to comment.
The sexual assault, which has not been publicly reported by the department or news outlets, happened on September 28, 2023, inside the Rincon Unit of the Tucson prison complex.
The suspect, Demarco Hines, has been charged with multiple felonies, including kidnapping and sexual assault.
His trial is set for late March, according to the Pima County Attorney’s Office.
At the time of the assault, Hines was classified as a level-four inmate – the second-highest risk designation and just below maximum security. His prison disciplinary file includes more than 20 infractions, including previously stalking staff, fighting, and indecent exposure.
The lawsuit claims Hines was left unsupervised for roughly 30 minutes by corrections officers as he was sweeping the dining area.
During that time, he allegedly went into a staff bathroom where he attacked the victim.
“As Plaintiff began to open the bathroom, Inmate Hines forcibly pushed the door open, knocked her radio out of her shirt pocket, and punched her several times in the abdomen,” according to the account given in the woman’s lawsuit. “Plaintiff fell to the ground. Inmate Hines began to choke Plaintiff and threatened to kill her if she yelled again. Plaintiff screamed and begged Inmate Hines to stop. Inmate Hines choked [the victim] and restricted her airway until she lost consciousness. Inmate Hines violent sexually assaulted Plaintiff.”
The lawsuit also states that criminal investigators later learned that Hines’ attack was premeditated. A fellow inmate reported that Hines got high on spice and stated, “Today’s the day, I’m going to get that, that bitch is mine, I’m getting that.”
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In a statement, the Governor’s Office called the allegations “troubling.”
“As someone who’s spent years as a social worker, Governor Hobbs cares deeply about the safety and dignity of every Arizonan,” a spokesperson wrote. “While we are unable to comment on pending litigation, we find the allegations outlined in this lawsuit troubling. This administration is committed to ensuring that all individuals feel safe coming forward to report any incident. The Governor’s Office will continue to prioritize measures that promote safety and fairness while carefully following the developments of this case.”
For years, ABC15 has reported on serious safety and security issues inside Arizona’s prison system, including several of the problems cited in the lawsuit.
Previous news investigations have highlighted the dangers of poor staffing levels, how inmates run prison units, and other attacks against civilian employees.
The lawsuit specifically cites a similar case involving an inmate attacking a teacher.
“[Defendants] know that civilian workers within state prisons receive little or no defensive training and do not have the authority or ability to control inmates or protect themselves from inmate-on-staff violence. As an example, in January 2014, an inmate and convicted sex offender stabbed and sexually assaulted a female teacher at ASPC-Eyman after the inmate was left with the teacher unsupervised. The State of Arizona ultimately settled with the victim for $3 million,” the lawsuit states.
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
