The Iowa Supreme Court has upheld the dismissal of a lawsuit against the state after a violent sexual predator was released to a nursing home and assaulted a woman.
William Cubbage was committed by the court to the Pomeroy Care Center in September of 2010 after he had been diagnosed with dementia. Cubbage was 82 at the time and had been previously convicted of four sexually violent offenses involving children. In August of 2011 he sexually assaulted a 95-year-old resident of the center.
The Pomeroy Care Center and the woman’s family sued the state, but the district court and the Court of Appeals ruled the state had not responsibility to protect the woman once Cubbage was released. The Iowa Supreme Court ruled Cubbage was committed to the Pomeroy Care Center because his dementia made him unable to take care of himself. It says because the district court released Cubbage, the state did not have any further responsibility for him.
The family of the woman is suing the Pomeroy Care Center.
Here’s the ruling: Pommeroy Care Center PDF