×
You have 2 more free articles available this month. Subscribe today.
Fired California Prison Guards Awarded $410,000 for Retaliation
On September 29, 1998, a California jury awarded $410,000 to two state
prison guards for their retaliatory firing and ordered them reinstated to
their previous positions.
Plaintiffs, Bonita Weaver, a 30-year-old black female, and R. Keith
Williams, a 23-year-old white male, were employed as California prison
guards. In 1994 and 1995, Weaver and Williams complained to prison
officials of sexual harassment of female employees by a supervising
sergeant. As the charges were being investigated in 1995 and 1996, the
supervising sergeant alleged that Weaver and Williams had been involved in
misconduct in 1993.
Allegations against Weaver, Williams and the supervising sergeant were
ultimately sustained. Supposedly, witness quotes sustaining the charges
included in the investigator's report differed significantly from what the
witnesses actually said. Weaver, Williams and the supervising sergeant
were fired in October 1996 based on the investigator's findings.
In their lawsuit, Weaver and Williams claimed that they were fired before
prison officials conducted further investigation, and before considering
whether the charges initiated by the supervising sergeant were
retaliatory. In addition, Weaver alleged that certain actions taken by her
supervisors constituted sexual or racial discrimination or harassment, and
Williams alleged that the voice in a threatening phone message was that of
the supervising sergeant. Weaver and Williams also claimed an unspecified
amount of lost wages.
At trial Weaver and Williams provided expert testimony from Gary Ware,
Ph.D. (harassment); Mark Luttrel, C.P.A. (accounting); and Yvonne
Ferguson, M.D. (psychiatry).
Although the jury found for the defense on the sexual and racial
harassment claims, Weaver and Williams prevailed on their retaliation
claims and were awarded a total of $410,000 ($181,000 for Weaver and
$229,000 for Williams). Additionally, Weaver and Williams were ordered
reinstated to their previous positions. Defense counsel reported that the
award was reduced by $160,000 based on the court's finding that under the
Civil Service Act, Williams and Weaver were not entitled to future wage
loss.
Weaver and Williams were represented by Angus M. MacLeod of Sacramento.
See: Weaver v. State of California Department of Corrections, Superior
Court of Kern County, Case No. 229110.
prison guards for their retaliatory firing and ordered them reinstated to
their previous positions.
Plaintiffs, Bonita Weaver, a 30-year-old black female, and R. Keith
Williams, a 23-year-old white male, were employed as California prison
guards. In 1994 and 1995, Weaver and Williams complained to prison
officials of sexual harassment of female employees by a supervising
sergeant. As the charges were being investigated in 1995 and 1996, the
supervising sergeant alleged that Weaver and Williams had been involved in
misconduct in 1993.
Allegations against Weaver, Williams and the supervising sergeant were
ultimately sustained. Supposedly, witness quotes sustaining the charges
included in the investigator's report differed significantly from what the
witnesses actually said. Weaver, Williams and the supervising sergeant
were fired in October 1996 based on the investigator's findings.
In their lawsuit, Weaver and Williams claimed that they were fired before
prison officials conducted further investigation, and before considering
whether the charges initiated by the supervising sergeant were
retaliatory. In addition, Weaver alleged that certain actions taken by her
supervisors constituted sexual or racial discrimination or harassment, and
Williams alleged that the voice in a threatening phone message was that of
the supervising sergeant. Weaver and Williams also claimed an unspecified
amount of lost wages.
At trial Weaver and Williams provided expert testimony from Gary Ware,
Ph.D. (harassment); Mark Luttrel, C.P.A. (accounting); and Yvonne
Ferguson, M.D. (psychiatry).
Although the jury found for the defense on the sexual and racial
harassment claims, Weaver and Williams prevailed on their retaliation
claims and were awarded a total of $410,000 ($181,000 for Weaver and
$229,000 for Williams). Additionally, Weaver and Williams were ordered
reinstated to their previous positions. Defense counsel reported that the
award was reduced by $160,000 based on the court's finding that under the
Civil Service Act, Williams and Weaver were not entitled to future wage
loss.
Weaver and Williams were represented by Angus M. MacLeod of Sacramento.
See: Weaver v. State of California Department of Corrections, Superior
Court of Kern County, Case No. 229110.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Weaver v. State of California Department of Correc
| Year | 1999 |
|---|---|
| Cite | Superior Court of Kent County, Case No. 229110. |
| Level | State Trial Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 410000 |
| Injunction Status | N/A |