AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and Detention Facilities
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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).
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