AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Guard Discipline
Correctional officer's
disability benefits properly withdrawn following termination for misconduct.
Dacey v. Co. of Duchess, 503 N.Y.S.2d 845 (A.D. 2 Dept. 1986).
Guard's appeal
over termination dismissed because he improperly served notice on attorney
general instead of the corrections department. Jones v. Department of Corrections,
730 P.2d 112 (Wash. App. 1986).
Arbitrator without
authority to follow warden's advice for suspension; dismissal is proper
for physically abusing trustee. Musser v. Co. of Centre, 515 A.2d 1027
(Pa. Cmwlth. 1986). Single incidence of misconduct grounds to terminate
permanent status employee. Fields v. State Dept. of Corrections, 498 So.2d
174 (La. App. 1986).
One-time intoxicated
condition grounds for dismissal; board's tie vote goes in favor of prison
officials. Adkins v. Division of Youth Services, 720 P.2d 626 (Colo. App.
1986).
Guard dismissed
for not telling supervisor she was on medication. Searcy v. Louisiana Dept.
of Corrections, 484 So.2d 773 (La. App. 1986).
Discipline imposed
for correctional officers refusing to sign attendance roster at training.
Wilkie v. State Correctional Inst., 506 A.2d 507 (Pa. Cmwlth. 1986); and
Toland v. State Correctional Inst. at Graterford, 506 A.2d 504 (Pa. Cmwlth.
1986).
Department's
failure to serve timely notice doesn't bar discipline. Andrews v. Coughlin,
496 N.Y.S.2d 240 (A.D. 2 Dept. 1985).
Superior's inability
to "get along" with subordinates grounds for dismissal. Kearney
v. Coughlin, 488 N.Y.S.2d 300 (A.D. 3 Dept. 1985).
Unlike in criminal
matters, guard's witnessing testimony in civil matters can incriminate
him. Fulginiti v. Cape May Co. Sheriff's Dept., 488 A.2d 250 (N.J. Super.
A.D. 1985).
Several employees
together signing out on sick leave not grounds to find them guilty of interfering
with efficient jail operation. Aiello v. Varelas, 493 N.Y.S.2d 630 (A.D.
Dept. 1985).
Superintendent
not liable for suspending employee who said superintendent could "stick
it up his ass," referring to a parking ticket. Boals v. Gray, 775
F.2d 686 (6th Cir. 1985).
Guard dismissed
for stealing and for disobeying request to take sobriety test. Flowers
v. State Personnel Bd., 220 Cal.Rptr. 139 (App. 1985).
Correctional
sergeant properly dismissed after charged, but not convicted, of growing
marijuana. Reece v. Tennessee Civil Service Com'n., 699 S.W.2d 808 (Tenn.
App. 1985).
Guard dismissed
after lending car to friend, who left marijuana in it. Norris v. State
Personnel Bd., 219 Cal.Rptr. 895 (App. 1985).
Court finds
guard did not lie on application. State Corr. Inst. at Graterford v. Goodridge,
487 A.2d 1036 (Pa. Cmwlth. 1985).
Guard reinstated
after being dismissed for wearing female underwear. Yancey v. State Personnel
Board, San Francisco, Recorder, California, 5/1/85.
Union representative's
advising guard to resign during pending charge may amount to unfair representation.
Smith v. Sipe, 487 N.Y.S.2d 153 (A.D. 3 Dept. 1985).
Corrections
officer cannot assert leave policy is vague. Goree v. Dept. of Corrections
Wade Corr. Ctr., 468 So.2d 829 (La. App. 1985).
Officials should
have discovered employee's new address for service of notice requirements.
Department of Corrections v. Pickens, 468 So.2d 1310 (la. App. 1985).
Court sets aside
civil service commission's decision and finds guard was properly demoted
for striking horse with rifle. Department of Corrections L.A. St. Pen.
v. Freeman, 470 So.2d 962 (La. App. 1985).
Guard properly
dismissed for making personal calls instead of being attentive to escape.
Department of Corrections v. Morgan, 469 So.2d 13 (La. App. 1985).
Suspended officer
not entitled to sworn testimony of witnesses. Matter of Stowman, 491 A.2d
1275 (N.J. App. 1985).
Tearing up statement
grounds for dismissal. Malone v. Dept. of Corr., L.A. Training Inst., 468
So.2d 839 (La. App. 1985).
Guard's failure
to observe escaping prisoner grounds for dismissal. Jiminez v. Department
of Corrs., 689 P.2d 1266 (N.M. 1984).
No damages awarded
in defamation action over radio broadcast of deputy's complaints. DeBerry
v. Knowles, 321 S.E.2d 824 (Ga. App. 1984).
Dismissal for
failure to work overtime improper. Edwards v. Dept. of Corrs., 461 So.2d
678 (La. App. 1984).
Correctional
corporal's termination for pandering upheld, even though suspension was
improperly handled. Burhmann v. Selletin, 352 N.W.2d 907 (Nebh. 1984).
Prison security
officer properly dismissed for inaccurate head-count leading to delay in
detecting inmate escape. Lambert v. Dept. of Corrections, 451 so. 2d 1240
(La. App. 2984); Philson v. Department of Corrections, 451 So.2d 1311 (La.
App. 1984).
Guard properly
demoted for beating horse with firearm. Dept. of Corrections, La. St. Pen.
v. Freeman, 449 JSo.2d 551 (La. App. 1984).
Guard dismissed
for leaving letter containing racial slurs where inmates could see it.
Md. State Dept. of Personnel v. Sealing, 471 A.2d 693 (Md. 1984).
Guard's inexcusable
comments to superiors not grounds for demotion. Spencer v. Civil Service
com'n, 313 S.E.2d 430 (W. Va. 1984).
Female guard's
sexual intercourse with prisoner is a misdemeanor not subject to charges
of criminal misconduct in office. State v. Schmit, 340 N.W.2d 752 (Wis.
App. 1983).
Guards should
not have been dismissed for inmate's escape. Moreland v. Paule, 659 S.W.2d
609 (Mo. App. 1983).
The following
case concluded guard was remiss in duties allowing inmate to escape. Dept.
of Corrs. v. Morgan, 440 So.2d 785 (La. App. 1983).
Dismissal of
correctional officer was proper while criminal charges were pending; officer
not entitled to automatic reinstatement once charges were dismissed. Lacey
v. Coughlin, 468 N.Y.S.2d 706 (App. 1983).
Dismissal of
county jailer by commissioners unsatisfied with his work upheld. Walker
v. Bd. of Co. Com'rs. of Brule, 337 N.W.2d 807 (S.D. 1983).
Dismissal of
correctional guard too harsh a punishment compared to his misconduct. Fox
v. Finnerty, 466 N.Y.S.2d 83 (App. 1983).
Jail supervisor
dismissed for assaulting inmates. In Re Goddard, 457 A.2d 637 (Vt. 1983).
Arbitrator reinstates
guards who were dismissed for allegedly allowing escape. Rhode Island Council
94 v. State, 456 A.2d 771 (R.I. 1983).
Guard's suspension
upheld. Walker v. Dept. of Corrections, La. State Pen., 428 So.2d 1105
(La. App. 1983).
Administrative
decision to dismiss guards for using excessive force on an inmate was proper.
Civil service board decision to reduce punishment was overturned. Dept.
of Corr., La. State Penit. v. Barrere, 431 So.2d 782 (La. App. 1983).
Parole officer
dismissal was proper. Refused to answer questions during investigation.
State, Dept. of Corrs. v. Gallagher, 334 N.W.2d 458 (Neb. 1983).
Guard suspended
for violation of prison rule in not disclosing information during investigation
of fellow guard/inmate association. Walker v. Dept. of Corrs. La. State
Penit., 428 So.2d 1105 (la. App. 1983).
Sheriff's action
in discipline of deputy warden's violated his due process rights. Also,
jail rules to broad when they impacted on deputy warden's free speech rights
associated with criticism of department in writing letter to newspaper.
Salerno v. O'Rourke, 555 F.Supp. 750 (D. N.J. 1983).
Dismissal of
three county detention center employees for violations of rules was not
basis for 1983 claim. Fritz v. Norblad, 566 F.Supp. 1459 (D. Ore. 1983).
Guard's oral
waiver of procedural safeguards in disciplinary matter was O.K. Dismissal
upheld. Miller v. Coughlin, 452 N.E.2d 1241 (N.Y. 1983); reversing 447
(N.Y.S.2d 750 (App. 1982).
No liability
to prison officials for evicting striking guards from government housing
during employee strike. Engblom v. Carey, 572 F.Supp. 44 (S.D. N.Y. 1983);
on remand from 677 F.2d 957 (2nd Cir. 1982).
Discharged guard
entitled to attorney fees in case against government employers. Johnston
v. Jago, 691 F.2d 283 (6th Cir. 1982); Brule v. Southworth, 552 F.Supp.
1157 (D.R.I. 1982).
Retaliatory
dismissal of prison bookkeeper for release of information to state prison
study commission may be improper. Reel v. Arkansas Dept. of Corr., 672
F.2d 693 (8th Cir. 1982).
No vagueness
to state statute prohibiting introducing contraband into prison; criminal
conviction of guard upheld. Greenway v. State, 413 So.2d 23 (Fla. 1982).
City jailer
dismissal for use of excessive force on inmates was proper. Varela v. city
of Reno Civil Service Com'n, 635 P.2d 577 (Nev. 1981).
Guard cannot
be dismissed for same off-duty standards imposed on law enforcement officers.
Grievance of O'Neill, 347 N.w. 2d 887 (S.D. 1981).
Sheriff is criminally
convicted of furnishing contraband and facilitating escape. Comm. v. Booth,
435 A.2d 1220 (Pa. App. 1981).
Dismissal of
guard for insubordination and other behavior adversely affecting the efficient
and orderly operation of the prison was proper. Portis v. Dept. of Corrs.,
407 So.2d 435 (La. App. 1981).
Guard dismissal
for possession of marijuana at prison facility upheld. Stone v. Com., State
Corr. Inst. at Graterford, 422 A.2d 1227 (Pa. App. 1980). Court upholds
prison's firing of guard for five-day unauthorized absence. McEvers v.
Department of Corrections, 615 P.2d 307 (Okla. App. 1980).
Guard dismissed
for failing to take an "unconstitutional action" against inmate
has civil rights claim against county. Harley v. Schuylkill Co., 476 F.
Supp 191 (E.D. Pa. 1979).
Conviction of
Pennsylvania deputy warden for "official oppression" upheld by
Pennsylvania Superior Court. Commonwealth v. Manlin, 441 A.2d 532 (Pa.
Super. 1979).
West Virginia
Court upholds dismissal of prison guard for refusal to obey order of superior
officer; court finds substantial compliance with due process requirements.
Bone v. West Va. Dept. of Corrections, 255 S.E.2d 919 (W. Va. App. 1979).
Membership in
KKK by itself, is insufficient ground for terminating New York correction
officer's employment. Curle v. Ward, 416 N.Y.S.2d 549 (N.Y. 1979).
Prison employee's
receipt of money order from inmate's mother did not violate Louisiana prison
rules; termination reversed. Ray v. Louisiana State Penitentiary, 372 So.2d
252 (La. App. 1979).
For earlier
discussions see: Turk v. Nevada State Prison, 575 P.2d 599 (Nev. 1978);
Parkhill v. Civil Service Com'n., 374 N.E.2d 254 (Ill. App. 1978); Hall
v. Ault, 242 S.E.2d 101 (Ga. 1978); Searles v. Malcolm, 403 N.Y.S.2d 5
(App. 1978); Szmaciarz v. Cal. State Pers. Bd., 145 Cal.Rptr. 396 (App.
1978).