August 04, 2022

Recent decisions issued by New York City Office of Administrative Trials and Hearings Administrative Law Judges

ALJ Julia H. Lee recommended termination of employment for a correction officer who unjustifiably struck an inmate in the face and torso. The correction officer’s claim that he used “soft hand“ techniques in response to a threat from the inmate was contradicted by video evidence and testimony. Click HERE to access Judge Lee's decision and recommendation.

 

ALJ Christine Stecura recommended a 30-day suspension for a correction officer who submitted a false, misleading, incomplete, and inaccurate report regarding a use of force incident by failing to report that she observed another officer headbutt an inmate where the video evidence established that respondent observed the incident from close range and with an unobstructed view. Click HERE to access Judge Stecura's decision and recommendation.

 

ALJ Joan R. Salzman recommended termination of employment for a Department of Correction captain who delivered clothes in a brown paper bag to an inmate after midnight, a few hours before the inmate died of a heart attack due to drug overdose, was unduly familiar with the inmate, and failed to submit an Unusual Incident Report regarding the death. The captain was also found to have used impermissible force when he put another inmate in a chokehold while that inmate was handcuffed, to have submitted a false or misleading report, and to have given false or misleading information about this second incident in an investigatory interview. Click HERE to access Judge Salzman's decision and recommendation.

 

ALJ Salzman recommended a 50-day suspension for a correction officer who she found, had failed to exercise self-control and used impermissible force against an inmate who provoked her. ALJ Salzman also found that the officer filed a misleading report about the incident, omitting important information and minimizing facts unfavorable to her. Click HERE to access Judge Salzman's decision and recommendation.

 

ALJ Ingrid M. Addison recommended a thirty-five-day suspension without pay for a Triborough Bridge & Tunnel Authority lieutenant who sent text messages to a subordinate that violated the MTA All Agency Policy Directive against sexual and other harassment. ALJ Addison also found that respondent regularly referred to subordinates using derogatory, discriminatory language but the evidence did not establish that respondent made unsolicited sexual advances towards the complaining subordinate. Click HERE to access Judge Addison's decision and recommendation.

 

ALJ Joan R. Salzman recommended a 20-day suspension, with credit for five days pre-trial suspension served, finding a correction officer negligently failed to supervise an inmate who slipped off his handcuffs unseen by the officer and his partner and escaped from a group of inmates the officer had driven to a Department of Correction facility parking lot in an agency bus. ALJ Salzman found that the officers did not maintain constant visual supervision of the inmates as they walked into the facility, and that the officer stayed with the bus while his partner walked ahead of the inmates, contrary to agency protocol for escorting inmates. The inmate hid in the parking lot for seven or eight minutes, sometimes under a parked bus, and then was captured and secured into custody. The officer, who had no prior record of discipline in his eight years of DOC service, gave forthright testimony and admitted his error. Click HERE to access Judge Saltzman's decision and recommendation.

 

ALJ Kevin F. Casey recommended termination of employment for a correction officer who engaged in a sexual relationship with an inmate, provided the inmate with contraband, and told the inmate to delay reporting a rape committed by another officer. Click HERE to access Judge Casey's decision and recommendation.

 

ALJ Michael D. Turilli recommended termination of employment for a correction officer who was excessively absent and found to be medically incompetent to perform his duties as a correction officer. The officer called out sick on 295 days from mid November 2020 through the date of trial in February 2022. Click HERE to access Judge Turilli's decision and recommendation.

 

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