This week, ABC4 News reported that Michael Sudbury, a 57-year-old registered nurse in Moab, was caught on a nanny cam sexually assaulting a 92-year-old dementia patient. Law enforcement is handling the criminal investigation, but that doesn’t close the door on civil accountability —particularly for the facility itself.
Key Elements in a Civil Nursing Home Sexual Assault Case
- The Act Itself
The first step is establishing what happened. This involves reviewing police reports, 911 calls, dispatch records, and witness statements. Hospital records and, in some cases, SANE exams and DNA evidence are also critical. Criminal proceedings often run in parallel. A civil attorney experienced in nursing home abuse can support the family during this process, especially by serving as a victims' rights advocate to help connect the criminal and civil aspects of the case. - The Resident’s Records
Nursing home records are comprehensive and often complicated, covering everything from medication and hygiene to room visits and care plans. These records may show whether the perpetrator had any legitimate reason to be in the resident’s room. Skilled attorneys know how to extract useful information from these logs and identify red flags. - Facility Oversight
It’s not enough to look at the incident in isolation. This same facility – Canyonlands – was cited in both 2022 and 2023 for failure to protect residents from abuse. Public records requests (GRAMA) can reveal whether background checks were conducted, whether prior deficiencies were addressed, and whether state agencies like APS or the Long-Term Care Ombudsman were previously involved.
- Financial Structure and Ownership
Abuse often results from systemic decisions – particularly staffing and oversight failures driven by cost-cutting. Some facilities hide profits through related-party transactions while claiming financial hardship. Tracing these structures is crucial to show how boardroom choices can create dangerous conditions for residents. - Why It Matters
Holding an individual accountable isn’t enough. Facilities must be scrutinized for their role in enabling abuse. At Eisenberg Lowrance Lundell Lofgren, our nursing home abuse team focuses exclusively on these cases. We know how to dig into the records, financials, and regulatory history to hold facilities responsible.
To speak with an attorney, call 801-446-6464 or email me directly at contact@3law.com.