AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Guard Employment
Failure to consider
two male correctional officers for promotion to sergeant in female unit
was not sex discrimination; court finds they were not promoted because
of deficient leadership qualities. Berl v. Co. of Westchester, 669 F.Supp.
625 (S.D.N.Y. 1987).
Rule requiring
high school degree or college credit for promotion eligibility violated
statute on competitive examinations. Pulaski Co. Civ. Serv. Com'n v. Davis,
730 S.W.2d 220 (Ark. 1987).
Deputy jailer
who signed agreement that he could be terminated without notice or cause
was entitled to due process. Said v. Lackey , 731 S.W.2d 7 (Ky. App. 1987).
Sheriff failed
to establish that gender was a bona fide occupational qualification for
correctional officers in all male jail. U.S. v. Gregory, 818 F.2d 1114
(4th Cir. 1987).
Pennsylvania
supreme court rules prison officials can depart from seniority in shift
assignments to protect privacy rights of inmates; shift vacancies can be
posted and addressed to "all female C.O.I.'s. Com., Dept. of Corrections
v. Am. Federation, 515 A.2d 1000 (Pa. Cmwlth. 1986).
Guard's heart
attack two days after robbed by inmates entitles children to indemnification
from state. Lyons v. Georgia State Indemnification Com'n, 346 S.E.2d 828
(Ga. App. 1986).
Reckless failure
to remedy unsafe conditions for guards does not violate federal law. Washington
v. District of Columbia, 802 F.2d 1478 (D.C. cir. 1986). High state court
upholds method of calculating correctional employees' pay raises. Grievance
of Byrne, 514 A.2d 709 (Vt. 1986).
Merit system
rules governed work hours following union's decertification. Dept. of Correction
v. Correctional Officer, 514 A.2d 405 (Del. 1986).
Standard for
determining disability. Com., Dept. of Corrections v. Powell, 347 S.E.2d
532 (Va. App. 1986).
Female guards'
work is more demanding than that of males. Marcoux v. State of Me., 797
F.2d 1100 (1st Cir. 1986).
Prison employees
entitled to travel and uniform expenses. State of Nev. Emp. Assn. v. State,
724 P.2d 732 (Nev. 1986).
State challenges
decision that forces them to tell officers which inmates have AIDS. State
of Delaware Department of Correction v. Delaware Public Employees, council
81, American Federation of State, Co., and Municipal Employees, AFL-CIO:
Del. Chancery Ct., New Castle Co. No. 8462, filed April 25, 1986; 24 Govt.
Emp. Rel. Rep. 720 5/26/86. Guard's involuntary commitment for antisocial
behavior compensable. Newham v. Union Correctional Institute, 485 So.2d
3 (Fla. App. 1986).
Correctional
officer denied unemployment benefits because discharge was for misconduct.
Banks v. Administrator, La. Off. of Emp. Sec., 488 So.2d 1067 (La. App.
1986).
Guard with AIDS
sues for being fired. Case No. 86-4290; Jason Swinney v. Edwin Meese. Information
was obtained from the U.S. District Court for the Northern District of
California and from the San Francisco Chronicle, July 25, 1986.
State not insurer
of guards; safety in prison. Walker v. Rowe, 791 F.2d 507 (7th Cir. 1986).
Guards in contempt
by being late to work because of union meeting. Moran v. R.I. Broth. of
Correctional Officers, 506 A.2d 542 (R.I. 1986).
Sheriff liable
for racial harassment among co-workers. Snell v. Suffolk Co., 782 F.2d
1094 (2nd Cir. 1986).
Prison officials
sexually discriminated against man in denying position in female prison.
Edwards v. Dept. of Corrections, 615 F.Supp. 804 (D.C. Ala. 1985).
Guard was victim
of age discrimination. Galvan v. Bexar Co., Tx., 785 F.2d 1298 (5th Cir.
1986).
Jury duty extends
time guard is on probation. Tomlinson v. Ward, 487 N.Y.S.2d 779 (A.D. 1
Dept. 1985).
Incompetency
doesn't toll the time for filing workmen's compensation; guard alleges
mental injury, along with physical injury. Riddick v. WCAB (State Corr.
Inst.), 499 A.2d 694 (Pa. Cmwlth. 1985).
Trainee dismissed
for failure to pass handgun tests. State v. Correctional Inst. v. Nelson,
503 A.2d 116 (Pa. Cmwlth. 1986).
Probationary
employee cannot appeal demotion. Brothers v. Fla. Dept. of Corrections,
474 So.2d 1239 (Fla. App. 1985).
Jail officials
may deny promotions over union activities. Wilton v. Mayor and City Council
of Baltimore, 772 F.2d 88 (4th Cir. 1985).
Guard gets worker's
compensation for back pain caused while conducting pat-down searches. Sokol
v. W.C.A.B. (State Reg. Cor. Fac.), 497 A.2d 670 (Pa. Cmwlth. 1985).
No duty to inform
hirees of minimum age requirement. Young v. Wheeler, 706 P.2d 552 (Okla.
App. 1985).
Oral promotional
examinations invalid. Jones v. Mississippi Dept. of Corrections; Case No.
85M-XVI-600 3183, 12/10/1985.
Prison officials
discriminated against blacks in placement. Jones v. Hutto, 763 F.2d 979
(8th Cir. 1985).
Black and Hispanic
corrections officers subjected to racial harassment by co-workers. Snell
v. Suffolk Co., 611 F.Supp. 521 (D.C. N.Y. 1985).
Co. must pay
sick leave benefits in accordance with policy at the time they were earned.
Gilman v. Co. of Cheshire, 493 A.2d 485 (N.H. 1985).
Prison matron
entitled to same pay as deputy sheriff. Pike county v. State Ex. Rel. Harden,
469 N.E.2d 1188 (Ind. App. 1984).
Court upholds
terminating probationary status employees while regular status employees
get reassignment for ineligibility to carry firearms. Com., Bureau of Correction
v. Yancey, 481 A.2d 702 (Pa. Cmwlth. 1984).
Raw test scores
adjusted to eliminate adverse racial impact. Bushey v. N.Y. St. Civ. Serv.
Com'n., 733 F.2d 220 (2nd cir. 1984).
Arbitrator's
reinstating guard dismissed for physical incapacity overrides court's decision.
Albany Cty. Sheriff's Loc. v. Albany Cty., 479 N.Y.S.2d 513 (Ct. App. 1984).
Line of duty
injury thwarts attempt for certificate of perfect attendance. Minnerva
v. Ward, 475 N.Y.S.2d 399 (App. 1984).
Back pay ordered
for not promoting matrons to correctional officers. Garrett v. Okaloosa
Co., 734 F.2d 621 (11th Cir. 1984).
Female guard
properly dismissed for refusing to return to work following dispute, not
for sex discrimination. Snow v. Nevada Dept. of Prisons, 582 F.Supp. 53
(D. Nev. 1984).
Guard's leg
wound incurred while restraining inmate cost him his job. Albany Cty. Sheriff's
Loc. 775 v. Albany Cty., 474 N.Y.S.2d 879 (App. 1984).
Prison not required
to consider applicants with felony convictions. McLean v. State, Dept.
of Corrections, 680 P.2d 65 (Wash. App. 1984).
Guard's agreement
to quit to avoid disciplinary charges not considered a forced resignation.
Rychlick v. Coughlin, 472 N.Y.S.2d 761 (App. 1984).
Age discrimination
in employment act applies to state and local governments; mandatory retirement
prior to age 70 is invalid. E.E.O.C. v. Wyoming, U.S. 103 S.Ct. 1054 (1983).
Educational
requirements for guard positions upheld, despite discriminatory impact.
Aguilera v. Cook Cty. Police & corr. Merit Bd., 582 F.Supp. 1053 (N.D.
Ill. 1983).
Class action
status granted to Hispanics not promoted allegedly because of testing procedures.
Rosario v. Cook Co., 101 F.R.D. 659 (N.D. Ill. 1983).
Guard's dismissal
for not being able to perform duties due to off-duty injury upheld. Dept.
of Corrs. v. Dixon, 436 So.2d 320 (Fla. App. 1983).
Denial of job
as prison guard to plaintiff who pled guilty to sale of marijuana was improper.
Boyll v. Cal. State Pers. Bd., 194 Cal.Rptr. 717 (App. 1983).
No racial discrimination
in dismissal of black correctional assistant. Dismissal was based on other
factors. North Carolina Dept. of Corr. v. Gibson, 301 S.E.2d 78 (N.C. 1983).
No liability
to state for guard's claim of racial discrimination. Possible liability
against his supervisors. Foulks v. Ohio Dept. of Rehab. and Corrections,
713 F.2d 1229 (6th Cir. 1983).
Mandatory retirement
at age 65 was rationally related to correctional guard position. Morgan
v. Dept. of Offender Rehabilitation, 305 S.E.2d 130 (Ga. App. 1983).
Female guard
who voluntarily quit because of hazardous working conditions an inadequate
staffing awarded unemployment benefits. Del. Cty. Prison v. Com. Unemp.
Comp. Bd., 455 A.2d 790 (Pa. App. 1983).
No violation
of federal laws to schedule National Guard or reserve officers so that
military duty, where possible, falls on regular days off. Rumsey v. N.Y.
State Dept. of Corr. Services, 569 F.Supp. 358 (N.D. N.Y. 1983).
No discrimination
when certain governmental jobs are restricted to U.S. citizens. Cabell
v. Chavez-Salido, 454 U.S. 432, 102 S.Ct. 735 (1982), probation officers;
Foley v. Connelie, 435 U.S. 291, 98 S.Ct. 1067 (1978), state police officers.
Female guard
dismissal for refusing to work on Thanksgiving upheld. Martin v. State
Personnel Board, 1183 Cal.Rptr. 295 (App. 1982).
Sheriff may
be wrong for not hiring convicted felon who was pardoned. Fezzey v. Dodge,
653 P.2d 1359 (Wash. App. 1982).
Sheriff's suspension
of guards following their criminal indictments did not comply with collective
bargaining agreement. Guards also awarded attorney fees. Sec. and Law enf.
Employees Council 82 v. Co. of Albany, 455 N.Y.S.2d 1004 (App. 1982).
Supervisory
prison officials could be liable for deaths and injuries to guards which
occurred during prison riot. Walker v. Rowe, 535 F.Supp. 55 (N.D. Ill.
1982).
After employee
has proven a prima facie case of discrimination, the employer need only
prove that the personnel decision was clearly made for nondiscriminatory
reasons. Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101
S.Ct. 1085 (1981).
Guard employee
association ordered to pay attorney fees after unsuccessful attempt to
intervene in prison-inmate litigation. Robideau v. O'Brien, 525 F.Supp.
878 (E.D. Mich. 1981).
City unexpectedly
keeps open jail which was planned to be closed; New York court rejects
suit by former jailers for reinstatement. Christian v. Casey, 428 N.Y.S.2d
317 (App. 1980).
Fifth Circuit
orders integration of Mississippi jails bullpen area; jail officials upheld
on numerous other issues. Jones v. Diamond, 594 F.2d 997 (5th Cir. 1979).
California Court
upholds affirmative action plan of department of corrections which assigned
a "plus" in competition for promotion to female or minority employees.
Minnick v. California Dept. of Corrections, 157 Cal.Rptr. 26 (Cal.App.
1979).
Female "deputy
sheriffs" may be paid at higher rate than male "correctional
officers," Ninth Circuit rules. Ruffin v. Co. of Los Angeles, 607
F.2d 1276 (9th Cir. 1979).
Fourth Circuit
reverses Virginia District Court's finding of "sexist attitude";
remands job application case. Kennedy v. Landon, 598 F.2d 337 (4th Cir.
1979).
Hiring criteria
(height and weight) for correctional counselors had effects of sex discrimination.
However, other considerations of prison and employee safety were bona fide
occupational qualifications so that restrictions on number of positions
available to females were proper. Dothard v. Rawlinson, 433 U.S. 321, 97
S.Ct. 2720 (1977).