James Beverly, a correctional counselor stationed at the low-security Federal Correctional Institution Petersburg, Virginia settled his appeal to the federal Merit Systems Protection Board (MSPB) for wrongful termination.

According to his appeal to the MSPB, Beverly was terminated from FCI Petersburg Low on May 3, 2002 soon after he submitted his paperwork for medical disability retirement to the Federal Bureau of Prisons. He claimed that his termination was a blatant case of retaliation and reprisal for his union activity. According to the complaint, Mr. Beverly was earning $50,000.00 per year as a correctional counselor, and he was terminated because he sought medical disability retirement, and because he was no longer "youthful", and thus of less value to the Federal Bureau of Prisons.

The parties settled the case in July, 2002. Beverly and the Bureau of Prisons agreed that the matter would be referred to the U.S. Office of Personnel Management (OPM) for final determination of Beverly's disability claim. Beverly reserved the right to reinstate his appeal to the MSPB if the OPM decision was unfavorable to his position.

The documents from this case were obtained by Prison Legal News after a 12-year Freedom of Information Act battle with the Federal Bureau of Prisons over confidential settlements the agency has made for alleged wrongdoing.

Source: Beverly v. DOJ, MSPB No. DC-0752-02-0560-I-1 (July 16, 2002).

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