Woman assaulted by sheriff’s deputy in 2007 files federal lawsuit
September 1, 2011
By Tony Rizzo

An Independence woman sexually assaulted at age 15 by a Jackson County sheriff’s deputy filed a federal lawsuit Thursday related to that incident.

The suit names as defendants the former deputy, the county, and current and former sheriff’s office officials. It alleges that the woman’s civil rights were violated.

Steven W. Burgess, the former deputy, is serving a 14-year federal prison sentence after pleading guilty to a criminal charge stemming from the July 2007 incident.

Burgess was on duty and in uniform when he encountered the girl and her friends in a Jackson County park. After he told her friends to leave, Burgess sexually assaulted the girl, according to the suit and previous court testimony.

He resigned after the allegations were raised and initially was prosecuted in Jackson County Circuit Court, where he pleaded guilty to statutory sodomy and deviate sexual assault. After Burgess received probation, federal prosecutors filed the charge that led to his current prison sentence.

According to the lawsuit, Burgess had improper sexual contact with other females before the park incident. The suit also describes alleged sexually improper conduct by other sheriff’s office personnel and says that officials either disregarded or failed to take the necessary steps to stop it.

Although current sheriff Mike Sharp is named as a defendant in his official capacity, the suit notes the incidents occurred before he took office. His predecessor, Tom Phillips, said Thursday that he had not seen the suit and deferred comment to county legal officials.

A spokesman for Sharp’s office said Thursday that the office could not comment on the allegations because it is part of pending litigation. A spokesman for the county also said county policy prevents the staff from commenting on a pending lawsuit.