A former prisoner’s claims against Polk County over sexual misconduct by a corrections officer have been dismissed.

Justin Mowery sued the county over the actions of Brianna Miller, a former Polk County Jail officer. While incarcerated from January to March of 2022, Mowery said Miller forcibly kissed and touched him while he was working in the jail kitchens.

Miller was fired in March 2022 and later pleaded guilty to harassment over Mowery’s claims.

Mowery sued the county, the sheriff and Miller, accusing the county of negligence in hiring and supervising Miller. The county moved to dismiss the claims against it and the sheriff, and this week, Judge Lawrence McLellan agreed to dismiss all claims except those against Miller.

Case derailed by 2021 Qualified Immunity law

McLellan’s order focuses on a 2021 state law that established new standards for lawsuits against public officials, including requiring that the initial complaint “state with particularity” how the officials had violated the law and show that the law was “clearly established” at the time of the alleged misconduct.

The law requires that complaints that do not meet these standards be dismissed, granting officials what is known as “qualified immunity.”

Mowery’s complaint does not meet that bar, McLellan wrote. While the petition describes Miller’s wrongful conduct, it says only that the county was “negligent” in hiring and supervising Miller, without explaining specifically how.

Mowery’s petition also does not address whether the law was “clearly established” at the time, and McLellan writes that there is no basis to believe Miller acted with the encouragement or blessing of her employer.

“Miller touched Mowery in an unwanted and sexual manner. Polk County would never authorize or request these actions by a prison guard,” McLellan wrote. “… Miller’s actions were not within the scope of her employment as a prison guard, and there is no version of the facts presented by Mowery that could create liability for Polk County.”

Attorney for Mower considering appeal

In a statement, Polk County spokesman Jonathan Cahill acknowledged the ruling and said the county had “vigorously defended” Mowery’s allegations, leading to their dismissal.

Related: Last lawsuit claiming sex abuse by Polk County Jail doctor settled for $7,500

Erik Luthens, Mowery’s attorney, said in an email he believed the court got it wrong.

“Polk County is stretching the qualified immunity statute well beyond its intended purpose,” he said. “This statute was never intended to shield the Polk County Jail from liability for nonconsensual sexual contact (kissing) committed by one of its employees … upon an inmate such as my client, Justin Mowery.”

He added that Mowery will “likely” appeal McLellan’s order.

Miller, who is not represented in the litigation by the county, did not join in its motion to dismiss, and Mowery’s legal claims against her remain active. Her attorney did not return a message seeking comment.

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.

This article originally appeared on Des Moines Register: Polk County not liable in jail sex abuse lawsuit, judge rules