SHERMAN - Now that his conviction has been overturned by the Dallas Fifth Court of Appeals, a Dallas County resident is suing the nurse who provided false testimony during his criminal trial.
Son Nguyen filed suit against Carolyn Ridling, Texoma Medical Center Inc., UHS of Texoma Inc., W. Mackey Watkins and Jan Johnson on March 23 in the Eastern District of Texas, Sherman Division.
Nguyen, who is of Vietnamese descent with little understanding of the English language, was wrongfully indicted and convicted of aggravated sexual assault of a child in November 2007 and sentenced to 20 years in prison. He spent over two and a half years in jail before his conviction was overturned by the Court of Appeals.
In March 2009, the Dallas Fifth Court Appeals reversed his conviction based on Carolyn Ridling's false testimony at trial. The court found that the nurse's critical testimony created a false impression that she was certified as a sexual assault nurse and authorized to perform a sexual assault examination.
Ridling is accused of fabricating incriminating evidence against Nguyen, fraudulent concealment, misrepresenting her credentials and for intentional infliction of emotional distress.
Defendants TMC, Watkins and Johnson are accused of failing to adequate investigate, supervise and respond to the credibility and the actions of Ridling.
According to court documents, during his time in jail, Nguyen claims he was subjected to hard labor, mental and physical abuse by other prisoners, including being severely beaten and raped.
The plaintiff is asking the court for $6 million in compensatory damages and $12 million in punitive damages, plus attorney's fees.
Nguyen is represented by Roger D. Sanders and J. Michael Young of Sanders, O'Hanlon & Motely in Sherman. A jury trial is requested.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 4:11-cv-00151