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Article • August 15, 2008
Job Reallocation of Washington DOC Employee Deemed Age Neutral by Washington State’s Court of Appeals, Division I, has affirmed a trial court’s grant of summary judgment in favor of the Department of Corrections (DOC) in a lawsuit alleging employee age discrimination. Nineteen-year DOC veteran Mary Mckee contended her reassignment to …
Article • August 15, 2008
Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees by Former Bureau of Prisons (BOP) counselor Norberto Perez appealed an arbitrator's ruling confirming his 2004 indefinite suspension from the BOP. The ruling was affirmed on appeal. The suspension came after a prisoner claimed Perez had sold him …
Article • August 15, 2008
Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees by Former Bureau of Prisons (BOP) counselor Norberto Perez appealed an arbitrator's ruling confirming his 2004 indefinite suspension from the BOP. The ruling was affirmed on appeal. The suspension came after a prisoner claimed Perez had sold him …
Article • August 15, 2008
CA DOC Must Arbitrate Grievances with Guards by The California Correctional Peace Officers Association (the Union) represents prison guards in conditions-of-employment negotiations with the state Department of Personnel Association (the Department). Even though Government Code section 3529 provides that guards themselves can’t attend such negotiations, the Department agreed to allow …
Article • August 15, 2008
BOP Employees on Active Military Leave Not Entitled to Statutorily Mandated Benefits by Federal Bureau of Prisons (BOP) employee Mathew Tully appealed a Merit Systems Protection Board (Board) decision denying him holiday pay while he was on active military leave from the BOP. The decision was affirmed. While Tully served …
National Council of Juvenile and Family Court Judges to Pay for Grant Fraud by On March 10, 2008, the National Council of Juvenile and Family Court Judges (NCJFCJ) agreed to settle a grant fraud case for $300,000. After being promoted to Special Projects Manager of the NCJFCJ, Serena Hulbert requested …
Article • August 15, 2008
Prison Doctor Lacks Standing to Challenge BOP Policy Denying Medical Care by The plaintiff complained of his treatment for a hernia and his prison doctor complained he was fired pursuant to a policy of providing inadequate care and in violation of his First Amendment rights. Prisoners seeking damages must exhaust …
Article • August 15, 2008
$185,000 Settlement In Ohio Deceased's Estate For Racial Discrimination And Retaliatory Termination by Ohio State Resident Sheila Smoot, acting as administratrix of her deceased husband Robert's estate, brought suit for racial discrimination and retaliatory termination in 2006 against the Hillcrest Training Center (HTC) juvenile facility. The suit settled for $185,000. …
Article • August 15, 2008
San Diego Sheriff’s Employee Terminated for Marrying A Felon by San Diego (California) ex sheriff's department employee Arleshia Graham appealed mandamus denial by the Civil Service Commission (CSC) challenging her 2005 termination for marrying a felon. Her termination was affirmed. A long time employee and recently promoted processing supervisor, Graham …
No Right to “Blue Wall of Silence” for Disciplined Cop by The plaintiff police officer alleged that after he had cooperated in an internal affairs investigation, he was overly zealously investigated when he was discovered in a car drunk. His equal protection claim is rejected. At 104: Put bluntly, Diesel …
Article • August 15, 2008
Arkansas Chief Probation Officer's Termination Suit Settles for $32,500 by Former City of Searcy, Arkansas chief probation officer Denny Bishop brought suit against the city after being terminated when he voiced opposition to allegedly discriminatory employment practices. The suit was settled out of court for $32,500. Bishop filed the lawsuit …
$800,000 Awarded to Former California Guard for Racial Discrimination by Diane D. Epps, a former guard at a California Youth Authority (CYA) facility in Norwalk, settled her racial discrimination suit against the state for $800,000. She claimed she was denied promotions and was verbally abused by her supervisors. Epps was …
Kentucky Jail Guards Win $872,000 in Discrimination, Retaliation Suit After Appellate Remand by Kelvin Brooks, a guard at the jail in Jefferson County, Kentucky, was black and had a race-related skin disease (PFB) that was irritated by shaving, so he wore a beard. Ron Bishop, the jail director, fired Brooks …
Article • August 15, 2008
Job Reallocation of Washington DOC Employee Deemed Age Neutral by Washington State’s Court of Appeals, Division I, has affirmed a trial court’s grant of summary judgment in favor of the Department of Corrections (DOC) in a lawsuit alleging employee age discrimination. Nineteen-year DOC veteran Mary Mckee contended her reassignment to …
Ohio Guards Win $475,000 in Sex Discrimination Suit by Bonnie Jayne, Christina Nichols, Jaqueline Hurst, Tia Hazinakis, Bonnie Flynn, Nicole O'Brien and Karen Martin, all guards at a correctional facility in Trumbull County, Ohio, sued the county in federal district court for gender discrimination. They claimed that the discrimination resulted …
Article • July 15, 2008
$50,000 Jury Award To Massachusetts Nurses Wrongfully Discharged By Correctional Medical Services by Two Massachusetts nurses, Fitzgerald and Landry, brought suit against Correctional Medical Services (CMS) for defamation of character after being fired over baseless accusations of one alleged eyewitness. The jury awarded them $50,000 collectively. After holding a door …
Retaliation Against Female Kentucky Prison Guard Nets $240,000 by A Kentucky jury awarded a female guard $240,000 for retaliation. Patricia McCullough was employed for 13 years as a guard at North Point Training Center in Boyle County, Kentucky. “Despite appropriate reviews and a clean record,” she was “passed over for …
Texas Juvenile Justice Whistleblower Settles for $175,000 by On the eve of trial Bowie County, Texas and Bowie County Juvenile Center (BCJC) employee Bruce Ballou agreed to pay former BCJC employee Karen Foster $175,000 to settle her whistleblower complaint in federal court. The action was filed by Karen Foster, a …
Article • July 15, 2008
North Carolina Guard Settles Failure-to-Promote Suit for Over $155,000 by Gwendolyn Gordon, a North Carolina prison guard at Pamlico Correctional Institute sued the state Department of Corrections (DOC) officials in state and federal court for damages arising from the DOC's failure to promote her to warden. The DOC agreed to …
Article • July 15, 2008
White Oregon Guards Wrongly Fired in Reverse Discrimination Suit Win $1,000,000 Jury Verdict by Russell Rice and Larry Lytle, both career employees of the Oregon state Department of Corrections, were fired by superintendent Frank Thomas of the Santiam Correctional Institute in early 2004. Both had long histories of exemplary performance. …
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