AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
Back to list of subjects Back to Legal Publications Menu
Sexual Harassment - By Inmates in Correctional Facilities
Monthly Law Journal Article: Civil Liability for Sexual Harassment of Female Employees By Prisoners, 2010 (7) AELE Mo. L. J. 301.
A corrections officer at a privately run correction facility claimed that a male coworker slapped her on the buttocks. She filed a formal complaint with the company that operates the facility. In the days that followed, he repeatedly rolled his eyes at her and once punched a metal machine in her presence to intimidate her. She submitted a second complaint, adding that she was afraid he would touch her again, that this was not the first time that he had touched her, and that he stated he could touch her if he wanted to. She conceded that he had never touched her or made any inappropriate comments to her after her complaint. The company's outside investigator submitted a report finding that he had sexually harassed the plaintiff and other coworkers, and fired him. A jury returned a verdict for the plaintiff of $4,000 in actual damages and $100,000 in punitive damages. A federal appeals court upheld the entry of judgment as a matter of law in favor of the company, ruling that the company’s prompt remedial action in response to the plaintiff’s complaints barred liability. Wilcox v. Corrections Corp. of America, #14-11258, 2018 U.S. App. Lexis 17242 (11th Cir.).
A female correctional officer who
worked in a sex offender unit at a youth correctional facility claimed that a
male prisoner targeted her for sexual harassment, including open masturbation
and various threats. She quit her job and sued the facility for a hostile work
environment, sexual harassment, and retaliation. Upholding a judgment for the
defendant on all claims, the Montana Supreme Court found that the defendant had
extended and held open an offer of a transfer to a different unit to the
plaintiff for approximately one year before she quit and that it also promptly
and reasonably offered a solution to end the inmate's harassment of her by
making the transfer available. Puskas v. Pine Hills Youth Corr. Facility, #DA
12-0515, 2013 MT 223, 371 Mont. 259, 2013 Mont. Lexis 313.
Eleventh Circuit affirms a judgment for female
correctional officers. A reasonable jury could have found that Florida prison
officials should have enforced the inmate dress policy, which required inmates
to wear pants when female staff were in the close management dorms. Beckford v.
Dept. of Corrections, #09-11540, 2010 U.S. App. Lexis 9452, 109 FEP Cases (BNA)
360 (11th Cir.).
Federal appeals court affirms judgment for a
woman corrections employee that was raped by an inmate janitor. The plaintiff
previously complained about the inmate's behavior, but no remedial action was
taken. Erickson v. Wis. Dept. of Corr., #05-4516, 2006 U.S. App. Lexis 28125
(7th Cir. 2006); 2005 U.S. Dist. Lexis 19529 affirmed (W.D. Wis.). {N/R}
Second Circuit reinstates a hostile environment
claim brought by women correctional officers, who alleged that management
tolerated the circulation of two inmate letters that degraded them. Although a
certain amount of lewd behavior is anticipated in a prison environment, the
plaintiffs claimed that management inaction undermined their authority and made
their job more dangerous. Dawson v. Co. of Westchester, #03-7858, 2004 U.S.
App. Lexis 11595, 93 FEP Cases (BNA) 1697 (2d Cir. 2004). [2004 FP Sep]
Federal
appeals court affirms a $125,000 verdict because a male coworker encouraged
male inmates to engage in sexual harassment. Slayton v. Ohio Dept. of Youth
Services, #98-4528, 206 F.3d 669, 82 FEP Cases (BNA) 289, 2000 U.S. App. Lexis
3751, 2000 FED App. 0091P (6th Cir.). [2000 FP 75-6]
Federal court dismisses woman corrections
officer's bias lawsuit which claimed that the Dept. of Corrections failed to
adequately discipline male inmates who exposed themselves in her presence.
Wright v. Dept. of Corr., 1998 U.S. Dist. Lexis 20074, 31 F.Supp.2d 1336, 78
FEP Cases (BNA) 1520 (M.D. Ala.). [1999 FP 43-4]
Minn. Dept. of Corrections pays $460,000 to settle
the claims of three ex-officers who said they were subjected to derogatory
comments, were required to view inmate shower areas although it was against DoC
policy. Semrau v. Minn., Ramsey Co. Dist. Ct. #C9-94-933, 33 (1627) G.E.R.R.
(BNA) 1051 (1995). {N/R}
California jail employee awarded $50,000 in her
suit for sexual harassment by inmates and retaliatory discharge. Troxa v.
Contra Costa Co., Super. Ct. #C9304028, 107 (126) L.A. Daily J. [Verd. &
Setlmts.] 3 (1994). [1994 FP 157]
Federal appeals court requires all-male prisons
to adopt procedures to prevent women correctional officers from seeing
undressed inmates. Canedy v. Boardman, 16 F.3d 183 (7th Cir. 1994). [1994 FP
124]
Female corrections officer, depressed from
viewing a male inmate who repeatedly masturbated in her presence, had
"good cause" to resign and collect unemployment benefits. State Dept.
of Corrections v. Stokes, 558 So.2d 955 (Ala. 1990).