The acquittal of a Rimersburg man accused of raping a child may not impact a federal lawsuit against Butler County over placing that girl in his custody.

Thomas E. Curry, 66, was found not guilty in Clarion County court Jan. 26 of 1,981 charges alleging he repeatedly raped the girl, who was 10 at the time, in his home in 2009 and 2010.

Butler County Children and Youth Services placed the girl in the care of Curry and his wife, Pamela Curry, in April 2009.

Curry was arrested Jan. 22, 2016. The victim’s mother sued Butler County, the Currys and CYS caseworker Jennifer Olexsak on Oct. 6, 2015, in U.S. District Court.

The lawsuit, which the Butler woman filed on behalf of herself and her daughter, alleges Olexsak, who is related to Curry, abused her post by placing the girl with him.

Attorney Al Lindsay, who represents the girl and her mother, said Curry’s acquittal would not scuttle their case.

“It’s a totally different matter,” Lindsay said. “A different burden of proof.”

Olexsak could not be reached for comment. Charlie Johns, CYS director, referred questions to the Pittsburgh law firm JonesPassodelis.

Attorney Jeff Cohen of JonesPassodelis said the judge would decide whether the verdict or testimony of the criminal case affects the civil one.

“It will be up to the court to decide whether it is admissible,” Cohen said.

He said either side in the case may file a pretrial motion to either admit or deny admission of evidence from the criminal case.

Cohen said such a motion would typically originate from the side wishing to prevent evidence from being admitted.

According to Cohen, the case was stayed until the criminal trial was concluded.

“We haven’t gotten into discovery yet,” he said.

Attorney Gary Gerson, who represented Thomas Curry in the criminal case, could not be reached for comment.

Although the girl was returned to her mother’s residence in February 2010, the daughter didn’t make the allegations until 2014.

The federal lawsuit alleges there was a violation of the 14th Amendment to the U.S. Constitution because the girl was placed in danger by being housed with the Currys.

The civil complaint claims Olexsak intentionally slanted a CYS report with false allegations, including neglect, to remove the girl from her mother’s care and placed with the caseworkers’ relatives instead of foster parents.

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

The girl’s mother is not seeking a specific monetary amount.