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.
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NYPPL Blogger 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.
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