The woman who accused the now-former commissioner for the Erie County Department of Social Services of raping her at an Albany hotel has filed court documents claiming the county’s negligence led to the alleged sexual assault. In the Notice of Claim, the attorney for the woman, identified as Jane Doe, said the county, among other things, was aware of prior incidents of sexual harassment and/or abuse of employees by Al Dirschberger and allowed the conduct to continue.

In January, Dirschberger pleaded not guilty to felony counts of third-degree rape and third-degree committing a criminal sexual act. He is accused of engaging in sexual intercourse and oral sex with a female subordinate without her consent while the two were traveling for a conference in Albany in early December.

The commissioner resigned later that month at the request of the county executive as details about the allegations began to emerge. The court document, however, claimed the county did have “actual or constructive notice of prior actions” of Dirschberger sexually harassing or abusing county employees and failed to take necessary action, nor did it properly alert the claimant.

The attorney also said the claimant sustained serious injuries including bruising, lacerations and possible transmission of sexual disease, as well as depression and anxiety. The Notice of Claim was dated January 30, 2018.

The accuser intended to bring a lawsuit against Erie County if damages were not paid within a “reasonable time.” Spectrum News has reached out to the woman’s attorney regarding the status of the litigation.

A spokesperson for the county executive’s office said it does not comment on pending litigation but did say neither the county executive nor the office were aware of any claims of sexual harassment or abuse alleged to have been committed by Dirschberger.