A woman who sued the Hoy Recovery Center last year, after she alleged she was raped by a man in the program in 2022, has dismissed her lawsuit after reaching a settlement.
The woman, a mother of three, is only referred to as “Jane Doe” in court documents. She alleged she was repeatedly raped while in the program by a man with a lengthy criminal history for drunk driving and domestic violence.
The settlement was for an undisclosed sum. Because Hoy Recovery Program is not a public entity, it does not have to disclose the settlement agreement.
She filed the lawsuit in June last year, Hoy filed its answer that same month and the next actions in the case were a stipulated motion to dismiss on Feb. 5, followed by the dismissal with prejudice on Feb. 13.
In an email, the woman’s attorney, David Adams, wrote that the road to recovery should have never been made harder for the woman.
“Our client was taken advantage of during an incredibly vulnerable period by someone who should have been supporting her healing, not compounding her trauma,” he wrote. “Attorneys on both sides worked diligently to reach a compromise that reflects accountability and, we hope, encourages meaningful change within the treatment community. No one seeking help should ever have to endure what our client went through. When she came to us, her greatest fear was that, had she overdosed in the aftermath of her experience, no one would have ever known the truth behind her pain — only the addiction that masked it. She deserves immense credit for having the strength to speak up, not just for herself, but to help protect others from enduring the same harm.”
Hoy Recovery Program did not respond to a request for comment following the filing of the lawsuit.
According to Adams’s lawsuit complaint, the woman was suing on four claims: negligent operation, negligence, negligent hiring, training and supervision and unfair trade practices.
The Rio Grande SUN is not naming the alleged assailant as he does not appear to have ever been charged in relation to the alleged rapes.
What happened?
The woman was referred to Hoy in October 2022 by her probation officer after she relapsed on fentanyl, Adams wrote in the lawsuit. After being in detox for a week, described as a cold room with a broken window, a female employee brought her a comforter from home because the conditions were so bad, he wrote.
She was in detox for four days before the alleged assailant brought her into his office, asked her questions about past relationships and told her she needed a fling, he wrote.
He allegedly pulled her onto his lap, pulled down her sweatpants and raped her, then told her not to tell anyone, Adams wrote.
This happened a second time a week later and he let her use his cellphone to call her family, which was against the rules.
A third time, she repeatedly told him no and the assailant allegedly threatened her by saying he should “pull a hood move,” Adams wrote.
She then met with former executive director Ambrose Baros, who had her write down what happened and it appeared to her that the only thing that happened was the man was moved to work on the male side of the recovery center, Adams wrote.
She was released on Dec. 2, 2022.
Criminal history
The alleged assailant had a long criminal history, charged 12 times with drunk driving, charged 11 times with domestic violence-related charges and twice for trafficking in a controlled substance, Adams wrote.
“Despite his criminal history and long-established pattern of violence, Hoy employed and assigned him to work closely with vulnerable female residents,” Adams wrote.
In 2015, the last record of arrests in online court records, he took a global plea deal, across four cases, pleading to a drunk driving fifth and sixth offense and two counts of trafficking heroin and received a four year prison sentence.