Dismissal of correction officer found guilty of failure to act in situation involving an inmate-on-inmate assault recommended
Dismissal of correction officer found guilty of failure to act in situation involving an inmate-on-inmate assault recommended
OATH Administrative Law Judge Tynia Richard found that a correction officer assigned to a mental observation unit permitted an inmate-on-inmate assault inside a cell, passively stood by as inmates entered and exited the cell, failed to properly perform lock-in/lock-out procedures, failed to report the assault, and failed to obtain medical attention for the injured inmate.
ALJ Richard found “convincing video evidence also showed the officer participating in the assault, although he did not strike the inmate.”
ALJ Richard recommended termination of employment, in part due to the failure of the officer, a long-term employee, to testify and offer an explanation for his actions or any mitigation evidence.
CAUTION
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press.
Email: nyppl@nycap.rr.com.