A former federal prison inmate who was raped while in custody here has filed suit against the government and her attacker.

The identity of the plaintiff is confidential in the "Jane Doe" lawsuit filed yesterday by attorney Eric Seitz.

The inmate was sexually assaulted in the Federal Detention Center Sept. 28, 2007 by Markell Milsap, a civilian electrician working at the detention center, according to court records.

Milsap, 36, admitted the assault last month and faces as much as 15 years in prison when he is sentenced next year by U.S. District Judge J. Michael Seabright.

The new lawsuit does not specify the amount of damages sought by the plaintiff, but an administrative claim filed earlier by Seitz asked the government and Milsap to pay $750,000.

The 9th U.S. Circuit Court of Appeals ruled earlier this year that Seitz's client should not have been in custody when she was assaulted by Milsap.

The appeals court in May overturned a May 2007 decision by Hawai'i Chief Federal Judge Helen Gillmor, who ordered the woman locked up because of alleged use of cocaine while on supervised release from federal custody.

The appellate court ruled that Gillmor improperly denied the defendant an opportunity to challenge the results of a drug test. The appellate judges ordered the inmate immediately released from custody.