From The Trussville Tribune staff reports
BIRMINGHAM — A Birmingham woman was awarded $10 million in a judgment by Jefferson County Circuit Court Judge Michael Graffeo after the woman filed a lawsuit that alleged a former officer with the Birmingham Police Department sexually assaulted her in 2007 when she was 17.
Daria Collins alleges Harry E. Miller sexually assaulted her at an America’s Best Inn on Messer Airport Highway when he was on duty with BPD on Sept. 13, 2007. According to court records no criminal charges related to the alleged assault were filed against Miller.
According to a release by Collins’ attorneys, “On Thursday, Dec. 28, 2017, a hearing was held at the Jefferson County Courthouse, downtown, in front of Circuit Court Judge Michael G. Graffeo in reference to a lawsuit filed by Daria Collins against the City of Birmingham and Harry E. Miller, Jr.
“Collins was sexually assaulted by Harry E. Miller, Jr., while he was on duty as a police officer with the Birmingham Police Department.
“According to court documents, the incident giving rise to the lawsuit occurred on Sept. 13, 2007 while Officer Miller was on duty with the Birmingham Police Department.
“Based on court filings, Collins had checked into an America’s Best Inn on Messer Airport Highway while her home was being renovated on Sept. 13, 2007. That same day, Officer Miller stopped Mrs. Collins.
“Collins told Officer Miller her name and then returned to her room at the America’s Best Inn. By Mrs. Collins’ account, Officer Miller followed her back to the room, forced his way through the front door, and then proceeded to sexually assault her. Collins was just 17 years old at the time.
“At the hearing, Judge Graffeo awarded damages to the plaintiff totaling $10 million dollars against Harry E. Miller, Jr., the defendant in the lawsuit. That amount was further broken down into compensatory damages and punitive damages.
“The court awarded $3,500,000 in compensatory damages to compensate Mrs. Collins for the trauma she endured as a result of the sexual assault. The court also awarded $6,500,000 in punitive damages.
“Notably, Miller had a history of abusing his position as a Birmingham police officer. Prior to sexually assaulting Mrs. Collins, three other women complained to the Birmingham Police Department that Miller had attempted to use his position to coerce and intimidate them into granting sexual favors.
“The Birmingham Police Department suspended Miller multiple times before ultimately firing him on Nov. 15, 2007—just two months after he assaulted Collins.
“Mrs. Collins was represented by Birmingham attorneys Matt Garmon and Todd Wheeles of the law firm of Morris, Haynes, Wheeles, Knowles & Nelson, and by Anthony J. Piazza.
“This follows a $28 million-dollar judgment obtained in Clay County Circuit Court in February 2017 on behalf of three individuals who were sexually abused by the former Jail Administrator of the Clay County Detention Center in Ashland.
“Todd Wheeles of the Morris Haynes firm represented the three inmates against the Jail Administrator. Common to both of these cases, a public official in a position of power chose to abuse that position and become a predator. In both cases, a public state official harmed the very people they were meant to protect.”
