Butler County is being sued in federal court for a Children and Youth Services caseworker allegedly placing a Butler girl in the care of the employee’s relative, a Rimersburg man, who now is charged with raping that child.

Thomas Eugene Curry, 65, is accused of raping the girl, who was 10 at the time, in his Clarion County home numerous times in 2009 and 2010. He faces 1,981 charges in that county.

Although the girl was returned to her mother’s Butler residence in February 2010 after being placed in the Currys’ care in April 2009, the child didn’t tell her mother about the alleged incidents until 2014.

Under the lawsuit filed Oct. 6 in U.S. District Court, the victim’s mother on her own behalf and her daughter’s, is suing Curry, his wife, Pamela Curry, Butler County and Butler CYS caseworker Jennifer Olexsak.

The lawsuit alleges Olexsak abused her position by placing the child with Thomas Eugene Curry, who is related to Olexsak.

Olexsak did not respond to phone and e-mail messages.

Charlie Johns, CYS director, and county solicitor Mike English would not comment. Both referred questions to the Pittsburgh law firm JonesPassodelis.

Attorney Jeff Cohen of JonesPassodelis declined to comment on the specifics of the case. However, Cohen said there are motions by the county and the Currys to dismiss the case.

Cohen said the defendants are awaiting a ruling on the motions.

“There is no deadline by which a decision has to be made,” Cohen said.

Pittsburgh attorney Stanley Greenfield, who represents the Currys, could not be reached for comment.

Butler attorney Al Lindsay, who represents the girl and her mother, said his client’s civil rights were violated by CYS’ actions.

“It was the agency that facilitated that placement,” Lindsay said.

The lawsuit alleges there was a violation of the 14th Amendment to the U.S. Constitution because the girl was placed in danger by the state as a result of the placement in the Currys’ care.

According to the lawsuit, “Olexsak, a state actor, violated the (girl’s) right to personal security and bodily integrity.”

The civil complaint accuses Olexsak of intentionally slanting her report with false allegations, including neglect, to effect the removal of the girl from her mother’s care and placed with the caseworkers’ relatives instead of foster parents.

The lawsuit alleges the abuse began “almost immediately” after the girl was placed in the couple’s custody on April 18, 2009.

The lawsuit’s other counts are assault, battery, negligence, intentional infliction of emotional distress and civil conspiracy.

According to the lawsuit, Pamela Curry also falsely claimed the girl’s mother was guilty of child abuse preceding the placement of the child in the Curry residence.

The lawsuit alleges Pamela Curry knew her husband was abusing the girl due to the frequency of the abuse and that it occurred in her home.

According to the lawsuit, “Pamela Curry was aware of but chose to ignore Thomas Curry’s horrific actions.”

Thomas Curry is accused of threatening the girl to remain quiet about his alleged abuse of her.

The Currys also allegedly restricted the girl’s communication with her mother and another relative. And they allegedly lied that the girl was upset by the mother’s and other relative’s attempts to contact her.

The lawsuit alleges the victim continues to suffer physical and mental injuries, including seizures, depression, anxiety and humiliation.

The girl’s mother is not seeking a specific monetary amount. The lawsuit asks for “all damages available under law, including, but not limited to, compensatory damages, interest and costs.”

New Bethlehem police on Jan. 22 filed the criminal charges against Thomas Curry for alleged incidents that occurred over the entire time the girl was in the care of the couple, which was before and after the time she was sent back into her mother’s custody.

Clarion County Assistant District Attorney Drew Welsh said the criminal charges cover incidents occurring between 2009 and 2013.

During a forensic interview observed by police, the girl stated the abuse occurred roughly four times a week in Curry’s residence.

Welsh said the number of counts were based on the accumulated time the girl stayed in the Currys’ house.

“We just calculated out 208,” he said, referring to the total number of alleged sexual assaults.

Curry is charged with 208 felony 1 counts of rape of a child, 208 felony 1 counts of involuntary deviate sexual intercourse with a child, 208 counts of felony 2 sexual assault, and hundreds of other charges.

Welsh said there is only one count of corruption of minors because that charge is a course of conduct.

Curry initially was charged with 3,224 counts. Among the charges subsequently withdrawn were numerous counts of aggravated indecent assault without consent and kidnapping for ransom.

He is accused of repeatedly threatening the girl to keep quiet about the abuse. One of those alleged incidents was described in the criminal complaint.

According to the affidavit, “Curry placed a gun to the (girl’s) head after he chipped her tooth raping her ... she hit her tooth on the headboard of the bed. Curry told the (girl) to tell everyone she chipped her tooth at Walmart.”

According to the affidavit, the girl stated Pamela Curry was not home or outside the house when the abuse occurred.

“We have no evidence of her directly observing anything,” Welsh said.

The lawsuit only covers the time frame of the CYS placement from April 2009 to February 2010.