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BOP Loses Disability Discrimination Suit Filed by Prison Guard by Christopher Zoukis The Bureau of Prisons has been found to have discriminated against a prison guard on the basis of physical disability. Keith E. Beck, a GS-7 prison guard at Federal Correctional Institution Terminal Island, California, filed a complaint with …
Discrimination Complaint by White Male Prison Guard Settled by Christopher Zoukis An Equal Employment Opportunity Commission (EEOC) complaint filed by Kevin J. Erickson, a white male prison guard at Federal Correctional Institution Petersburg, Virginia, was settled in March 2002. Erickson's EEOC complaint, filed in April 2001, alleged that Wanda Hunt, …
Article • August 25, 2016
Filed under: Employee Litigation
Seventh Circuit Holds Contested Absences under FMLA Must Be Litigated Within Two Years of Absence by Illinois Department of Corrections (COC) employee Cindy Barrett was terminates after accruing 12 unauthorized absences over 7 years. DOC subjected employees to termination after accumulating 12 unauthorized absences, but expunged all previous unauthorized absences …
Article • August 25, 2016
Fifth Circuit Upholds Settlement Agreement in Discrimination Suit by Robert Quesada filed a Title VII discrimination against his employer Janet Napolitano, Secretary of the Department of Homeland Security. The District Court required both parties to complete alternative dispute resolution. At the end of the mediation, Quesada's attorney made a $5000 …
Article • August 24, 2016
Filed under: Employee Litigation
Eleventh Circuit Finds for Plaintiff in DOC Wage-Hour Act Claim by The United States Court of Appeals for the Eleventh Circuit reversed and remanded on September 30, 1991, the circuit court’s decision on a federal Wage-Hour Act (the Act) claim brought by a Florida Department of Corrections (DOC) employee against …
Article • August 24, 2016
Filed under: Employee Litigation
$2 Million Award to New Hampshire Guards Falsely Accused of Beating Prisoner by On May 19, 2008, a New Hampshire jury awarded nearly $2 million to two prison guards who were fired when other guards lied about their involvement in an assault on a prisoner. After guards Shawn Stone and …
Article • August 24, 2016
New York DOC’s Changing Staff Job Classifications Upheld by New York’s Court of Appeals has held that it was not irrational for the Classification and Compensation Division in the New York State Department of Civil Service to revise the classification standards for the civil service titles of Education Supervisor, Plant …
Article • August 19, 2016
Ninth Circuit: California Personnel Board Decision Not Issue Preclusive by On September 14, 2015, the Ninth Circuit court of appeals held that decisions of the California State Personnel Board did not have an issue preclusive effect in a federal lawsuit based upon the same claims of retaliation for whistleblowing. David …
Fired Oregon Prison IG Brings $3 Million Retaliation Suit against Director by The terminated Oregon Department of Corrections (ODOC) Inspector General (IG) has ' filed a $3 million federal lawsuit, alleging that he was terminated in retaliation for raising ethical concerns about his boss. Oregon prison officials created the IG …
Article • August 19, 2016
$2,500 Paid to Disabled Vietnam Vet to Settle Discrimination Complaint Stemming From His Job as a Federal Prison Guard by Lonnie Burton James Vaughn and the Federal Bureau of Prisons (BOP) entered into a settlement agreement in July 2001 to settle a discrimination complaint brought by the Vietnam veteran. The …
Article • August 12, 2016
BOP Settles Religious Discrimination EEOC Complaint for $20,000 by David Gordon Murphy was a guard at the FDC in Seatac, Washington, when he was terminated on April 16, 1998. With the assistance of Seattle attorney William Knowles, he filed an EEOC complaint alleging a supervisor had made rude comments about …
Article • August 12, 2016
BOP Settles Guards' Unfair Labor Practices Grievance for $120 Million by On August 10, 2000, the Federal Bureau of Prisons (BOP) settled for $120,363,105 a grievance filed by the Council of Prison Locals, American Federation of Government Employees (Council) on behalf of 33,982 current and former BOP guards alleging they …
Article • August 12, 2016
BOP Settles Guard's Racial Discrimination Complaint for $5,000 by David Eugene Weaver, who is black, filed a grievance with the federal Bureau of Prisons (BOP) and the Equal Employment Opportunity Commission (EEOC) complaining that a former supervisor discriminated against him on the basis of race while he was a GS-7 …
Article • August 12, 2016
BOP Settles Employee's Retaliation Lawsuit for $35,000 by David T. Lee was a GS-7 inmate systems officer at the FCI in Florence, Colorado when he applied to two GS-8 positions. He was not selected for either position. Believing the reason for this was racial prejudice, he filed a complaint with …
Article • August 12, 2016
BOP Settles Dyslexia Discrimination Complaints for $2,000 by In 1997, Douglas Lewis Urness was working as a GS-11, Step 4 Drug Treatment Counselor for the BOP in Yankton, South Dakota, when his supervisors allegedly discriminated against him due to his dyslexia. The discrimination took the form of supervisors allegedly complaining …
Article • August 12, 2016
BOP Reverses Termination of Disabled Guard in Settlement by Steven Dacey was a tenured Senior Officer (GS-07) at the BOP Federal Medical Center Devens in Ayer, MA, earning $41,000 a year when he was terminated on April 4, 2003. The reason for his termination was that he had not reported …
Article • August 12, 2016
$528,858 Federal Jury Award Against BOP in Racial Discrimination Case by On December 7, 2000, a federal jury awarded former federal Bureau of Prisons (BOP) employee Debbie E. Tickle $114,000 for loss of wages and $300,000 for emotional pain a suffering in a racial discrimination lawsuit she brought pursuant to …
Article • August 12, 2016
$15,000 Settlement in Case Manager's EEOC Action by On December 4, 2002, the federal Bureau of Prisons entered into a settlement agreement that paid a correctional treatment specialist (case manager) at the United States Penitentiary Lewisburg (USP) $15,000, restored him to his previous job and made other concessions. After Prison …
Article • August 11, 2016
D.C. Circuit: No Summary Judgment on Guard's Termination Claims by Mark Wilson The United States Court of Appeals for the District of Columbia (DC) Circuit held that a lower court improperly granted prison officials summary judgment on a former guard's wrongful termination claims. On the morning of June 4, 2006, …
Article • August 3, 2016
Filed under: Employee Litigation
Eleventh Amendment Immunity Applies to Florida Sheriff Acting as Chief Corrections Officer by A Florida federal district court held a Florida Sheriff, in his capacity as Chief Corrections Officer (CCO), is an arm of the state.  The holding led the court to determine the Sheriff is entitled to Eleventh Amendment …
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