After holding a door open for a guard who was borrowing a heater, the two nurses were reported to have broken into a manager's office by an eyewitness. Both were fired and the actual report came weeks later. The nurses brought action claiming that the accusations were unfounded. CMS claimed that the eyewitness, who was coincidentally unavailable to attend the proceedings, was reliable. The CMS Regional Vice President claimed that the firings were "routine personnel matters" and were not criminally induced. The nurses claimed that their subsequent nursing home positions were not as rewarding as correctional facility employment.
On Jan. 31, 2001, a Norfolk County jury, after being briefed on the definition of breaking and entering, found that the nurses would likely have to explain their CMS departure in the future. After determining that both nurses were their family's sole providers, the jury awarded one nurse $30,000 and the other $20,000. See: Fitzgerald v. Correctional Medical Services, Inc., Norfolk County Superior Court, Case No. 98 380 (Mass.).
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
Fitzgerald v. Correctional Medical Services, Inc.
|Cite||Norfolk County Superior Court, Case No. 98 380|
|Level||State Trial Court|