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Mike Perlstein / Eyewitness News
Email: mperlstein@wwltv.com | Twitter: @mikeperlstein

NEW ORLEANS -- On the eve of accused rapist Dean Kelly's court appearance to fight a return to Orleans Parish Prison on a bond revocation, his attorney has filed a federal lawsuit to block any such move, alleging that his client's health and safety would be jeopardized by a return to the 'unconstitutional' lock-up.

Kelly's attorney Frank DeSalvo cited findings that were revealed in last week's explosive hearings over a proposed consent decree to reform OPP, including testimony about rampant violence, inadequate health care and indifferent deputies.

The hearings were highlighted by the release of a video that appears to show inmates with drugs, booze, cell phones and a loaded gun inside of jail cell.

Kelly, free on a $1 million property bond, was in the process of negotiating a plea deal to rape charges when the district attorney's office accused him of the same predatory activities that landed him in court two years ago.

If his bond is raised or revoked, Kelly could be returned to OPP, where he was jailed earlier when he claimed he was beaten by other inmates. At one point during Kelly's time in the parish jail, he was booked with possession of contraband when deputies allegedly found him in his cell with a metal pipe.

The ex-model, who appeared in a 1994 Aerosmith music video, faces two counts of forcible rape, kidnapping, pornography involving juveniles and carnal knowledge of a juvenile. Kelly was accused by several young women of enticing them with promises of access to Hollywood-type parties and movie sets, then forcing himself on them.

DeSalvo said he was blindsided two weeks ago when prosecutors filed the bond revocation, which accuses his client of hosting college-age girls at a Mardi Gras party in which he allegedly plied them with booze, obtained their cell phone numbers, then later sent suggestive and harassing text messages.

In Kelly's lawsuit to block a return to OPP, filed Monday, he repeats a host of allegations made by prison experts, federal authorities and inmates about allegedly inhumane conditions at the jail.

'Defendant (Marlon Gusman) has failed to take minimum reasonable measures to protect prisoners from harm,' the lawsuit states, 'and is deliberately indifferent to the obvious and substantial risk of harm to prisoners caused by Sheriff Gusman's staff and other prisoners.'

Other defendants in Kelly's suit are the judges of Orleans Parish Criminal Court, Judge Tracey Flemings-Davalier and the City of New Orleans. Flemings-Davalier is presiding over Kelly's rape case.

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