Appeals court in Iowa rules state does not have to protect nursing home residents from predator.

The State of Iowa asked a court for permission to release William Cubbage, a dangerous sexual predator in Iowa’s treatment program, and place him in a nursing home. The court found Cubbage was still dangerous but agreed to placement in a nursing home.

When Cubbage was discovered sexually assaulting a 95-year-old woman at the nursing home, she sued the state claiming that it had a duty to protect the residents of the nursing home from sexual predators it placed in the home. An appeals court recently ruled against the woman’s estate.

The Houston Chronicle reported this story in “Court: Iowa had no duty to monitor predator at nursing home.”

After the incident Cubbage was removed from the home and confined in a state mental institution.

This is a disturbing case for elder law advocates. Seniors in nursing homes should not be subject to abuse from staff or other residents. In this case a known predator was placed in the nursing home without any plan to supervise him and ensure the safety of other residents.

The woman’s estate is considering an appeal to the Iowa Supreme Court.

Reference: Houston Chronicle (March 23, 2016) “Court: Iowa had no duty to monitor predator at nursing home.”

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Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.