During the last County Commissioners meeting, County Attorney Jim Clevenger said Marshall County Community Corrections and a former employee are being sued by a person on probation alleging employee misconduct while the former employee was working at Community Corrections.

Clevenger said the suit was referred to Bliss-McKnight.  He also said the insurance adjustor hired a law firm for Community Corrections and hired a different law firm for the former employee. 

Court documents show that South Bend Attorney Nathan Ridgway filed suit on behalf of Nicole Berg in Marshall Circuit Court on January 2nd.  The former Community Corrections employee was named in the court document as Thomas Frailing.

The complaint for damages states that Ms. Berg pled guilty to the charge of Dealing in Methamphetamine on May 6, 2021. As part of her guilty plea, Berg was sentenced to 3 years in Community Corrections with home detention.  Frailing was assigned as her corrections officer.  Berg alleges that from December 2021 until June 2022 Frailing made lewd, crass, and sexually explicit advances toward her during mandatory in-person visits at the Community Corrections office and through Facebook, and by text to Ms. Berg’s cell phone. 

Count 1 against Thomas Frailing is Negligence and count 2 is Negligent and or intentional infliction of emotional distress. 

Count 3 is against Marshall County Community Corrections is Vicarious liability under respondeat superior and county 4 negligent hiring, retention, and supervision of an employee.

Nicole Berg is seeking damages resulting from Mr. Frailing’s negligence and infliction of emotional distress for past and future pain and suffering, past and future medical bills, past and future economic loss, loss of the ability to function as a whole person, and permanent emotional and mental scarring.

Berg is also seeking damages from Marshall County Community Corrections for the same past and future expenses as Mr. Frailing’s case along with all costs and expenses of this litigation and she demands a jury trial.