The Cuffie Law Firm & The Hatchett Firm File Lawsuit Against MARTA and Bus Driver For Alleged Sexual Assault, False Imprisonment, and Abuse Of Disabled Passenger


The Facts:

Today, Glenda Hatchett, former Chief Judge of the Juvenile Court of Fulton County, Georgia and host of the nationally syndicated television show, “Judge Hatchett,” formally entered an appearance as co-counsel with lead attorneys, Thomas Cuffie and Harold Spence, of The Cuffie Law Firm, in a lawsuit filed by Ray Nash, (“Nash,”) the injured party’s father, against the Metropolitan Atlanta Rapid Transit Authority (“MARTA,”) and a former MARTA employee, Xavier Winfrey (“Winfrey”).

The filing states Winfrey, a MARTA bus driver on the Mobility Bus line, designated exclusively for passengers with severe disabilities, is allegedly responsible for multiple unlawful acts, including sexual battery, rape, sodomy, aggravated sodomy, false imprisonment abuse, and exploitation of a disabled person, while on duty as a MARTA bus driver. Additionally, the lawsuit alleges the victim’s assault and injuries were also the result of MARTA’s negligence in failing to properly supervise and monitor Winfrey.

Documented in the official filing, Nash’s daughter is a severely developmentally disabled young woman with cerebral palsy.

Court documents state that on September 23, 2011, Nash’s daughter was allegedly picked up at the MARTA Mobility bus pick-up location at Emory Egleston Hospital. The victim was the only passenger remaining and the last stop on Winfrey’s route. Once inside the your woman’s neighborhood, Winfrey allegedly parked the bus, turned off the ignition, therefore, deactivating the surveillance camera. Winfrey then allegedly forced the young woman to the floor on the back of the bus, to perform acts on him, causing physical damage to the victim. After the alleged assault, Winfrey told the injured party to get dressed, he then returned to the front of the Mobility Bus, turned on the ignition, and dropped the injured party off at her home.

Also, according to court documentation, due to the victim’s mental retardation and severe cognizant disabilities, she is incapable of legally giving consent, of which MARTA is fully aware, because of the classification MARTA assigned to the victim’s disabilities less than a year prior. Additionally, Winfrey was paid for the entire shift, including the time in which he committed the alleged assault against the victim. For more information regarding this case , reference case number 13A48400-1 State Court of DeKalb County,

Attorneys at The Cuffie Law Firm & The Hatchett Firm will speak to the press
Lindbergh Station Atlanta Atlanta, GA 30324

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