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      Immigrant files suit against BP agent accused in hospital room sex assault

      Mug shot file photo of Philip Westerman

      A woman has filed a lawsuit in federal court after claiming she was sexually assaulted while under the care of a Border Patrol agent.

      The civil lawsuit was filed in the US District Court in Brownsville on Friday, July 25, 2014.

      The woman immigrated into the US illegally from Mexico, and was detained at the Falfurrias checkpoint while riding a bus.

      The alleged sexual abused happened during April 2013 at a hospital in Corpus Christi.

      The Mexican immigrant was transported to the hospital in Corpus Christi after she injured her arm while in Border Patrol custody.

      The woman claims she was in the hospital room under Philip Westerman TMs care when he raped her.

      The immigrant from Mexico was sexually assaulted more than once while she was in leg restraints on a hospital bed, the lawsuit alleges.

      The woman collected a towel used during the sexual assault from the trash can as evidence, the lawsuit states.

      She was afraid to make an outcry, but she told a nurse about the incident, according to documents filed in US District Court.

      Authorities responded to the hospital to investigate and a detective took photos and carried away the towel, the lawsuit says.

      Westerman was not indicted by a grand jury, according to the Associated Press.

      He was booked into the Hidalgo County Jail on a sexual assault charge in 2013.

      The lawsuit also states the US Department of Homeland Securty (DHS) deported the woman without completing an investigation of her complaint.

      A jury has been requested in the case, and a pretrial and scheduling conference in the case is set for October 28, 2014 before US Federal Judge Andrew Hanen at 3:30 p.m.

      Action 4 News does not identify victims of sexual abuse.