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EX-INMATE CLAIMS GUARD RAPED HIM

A former Wende Correctional Facility inmate claims in a U.S. District Court lawsuit that he was sodomized and raped by a prison guard in 1994.

The action on behalf of Chay Calloway contends corrections officials failed to protect him from the assaults and the sexual "stalking" that led up to them, and then ignored his complaint about the incidents.

Calloway, 35, who is now in Attica Correctional Facility, seeks damages totaling $27 million for various civil rights violations.

The inmate, represented by Buffalo lawyer Salvatore P. Abbate, alleges that after he was assigned to a prison housing unit in July 1994, he was "subjected to sexual harassment and sexually stalked" by the supervising corrections officer. The sodomy and rape occurred in September and October in the unit's shower and the inmate's cell, the papers claim.

The guard then allegedly told Calloway "he was going to have sex with the plaintiff whenever he got the chance."

When Calloway resisted, the officer retaliated by issuing a disciplinary write-up, the papers say. Once the inmate took his complaints to higher-ups, "the write-up was magically dismissed."

In October 1994, Calloway filed a grievance against the guard with Wende administrators, but the complaint was dismissed without a formal investigation, the suit alleges.

The defendants, including then-Superintendent Frank Irvin and acting state Corrections Commissioner Philip Coombe Jr., were "deliberately indifferent to the plaintiffs' right to be safe" and "did nothing to stop his suffering," the action states.

Calloway is a Brooklyn native who was convicted of committing murder during a robbery.

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