Lawsuit filed over courthouse sex case

GRAND RAPIDS, Mich. (WOOD) - A former Holland city attorney and the city of Holland were slapped with a lawsuit stemming from a courthouse sexcapade that landed the attorney in jail.

Carl Gabrielse pleaded guilty to criminal sexual conduct and misconduct in office for forcing a drunk driving defendant to have sex in exchange for a lesser penalty.

The complaint, filed in Federal Court, alleges Gabrielse violated a number of the victim's civil rights, including no cruel or unusual punishment, equal protection of the law, due process, assault and battery, false imprisonment and emotional distriess.

No monetary damages are specified.

Gabrielse was a private attorney working part-time for the city on contract. The victim said Gabrielse assaulted her in a restroom in the courthouse during a meeting to discuss a plea deal.

She reported the incident immediately.

"Anytime you are in a position of authority you have to be held to a higher standard, and if someone is saying 'I'm willing to do anything, community service,' you should only expect what they're only willing to do is community service not to engage in sexual intercourse for the purpose of a plea bargain," said one of her attorneys, Joel Baar.

Her other attorney, John Smietanka, said, "(Gabrielse) was the City of Holland in this case. He could control the charges. No one was going to check him on it. And so, as the City of Holland, he violated her constitutional rights."

Gabrielse was charged with two felonies and fired from his job. He was sentenced to six months in jail, plus probation, and is expected to be released this fall.

The City of Holland hired attorney Gus Morris from the Troy lawfirm of McGraw Morris PC to defend them in this suit. He claims the city is not responsible for Gabrielse's actions because he was an independent contractor who did have the authority to make policy decisions that would violate anyone's civil rights.

Gabrielse was released from jail on September 14.

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Lawsuit against Carl Gabrielse