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DEER LODGE — A trial is under way in Deer Lodge in the case of a former Montana State Prison inmate who filed a lawsuit against the Department of Corrections alleging the state did not protect him from being sexually assaulted by his cellmate.

The Montana Standard reports the lawsuit also names Corrections Director Mike Ferriter and Warden Mike Mahoney.

The former inmate's lawsuit alleges he was sexually assaulted by his cellmate from Jan. 15 through Jan. 22, 2007 because prison staff didn't follow policy and procedures for classification and placement of inmates that may harm others.

Defense attorney Max Davis said Monday there was no evidence the cellmate had a history of being a sexual predator.

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Powell County Attorney Lewis Smith read a deposition from the cellmate, who said the contact was consensual.

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