A woman has filed a civil lawsuit against the Detroit Police Department, the City of Detroit and former officer Benjamin Wagner, seeking damages exceeding $10 million, The Detroit News reported on October 24.
Source: The Detroit News
In her 14-count complaint, she alleges that Wagner, the city and the department violated her constitutional rights. She says she knew her attacker was a uniformed officer who used a marked patrol car, but did not know it was Wagner until he was linked to the attack through DNA testing, according to the report. She is also seeking a court order requiring the city and the department to test all outstanding rape kits and to institute new training and supervision for officers handling sexual assault cases.
Source: The Detroit News
The lawsuit is separate from a criminal case in which Wayne County prosecutors have charged Wagner, 68, with multiple counts of kidnapping and first- and third-degree criminal sexual conduct in five cases dating from 1999 to 2003. Prosecutor Kym Worthy alleged the victims were between 15 and 23 years old at the time and were approached while walking alone, threatened with a handgun and assaulted; no victim is being named in this report.
Source: Detroit Free Press via Lee Enterprises
At a preliminary examination in May, victims testified that Wagner would approach them on the street, point a gun at them and force them to a more secluded area, The Detroit News reported. Wagner retired from the department in 2017, moved out of state and was arrested in March. He appeared in court in Detroit later that month and was remanded to jail, WDIV Local 4 reported.
Source: WDIV Local 4
The first-degree criminal sexual conduct and kidnapping charges carry penalties of up to life in prison. The criminal case is slated to go to trial in April 2027, The Detroit News reported. Wagner is presumed innocent of the criminal charges unless and until he is proven guilty, and the civil allegations have not been decided by a court.