Court Dismisses State from Nursing Home Sexual Assault Case

The Iowa Supreme Court says the state had no legal responsibility to safeguard a 95-year-old woman who was raped by a violent sex offender placed in her nursing home after being released from state custody.

The court ruling Friday upholds a lower court’s decision to dismiss the state from a lawsuit filed by the women’s children.

The state received court approval in 2010 to release William Cubbage from a state-run sex offender program and place him in the Pomeroy Care Center, a northwest Iowa nursing home. Cubbage was 82 and had dementia.

But within months, he sexually assaulted the woman and was sent to prison.

The Supreme Court said that because a court approved Cubbage’s release, the state had no further responsibility to monitor him.

The children are pursuing a lawsuit against the nursing home.

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