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Posted by: policelaborlaw.com

5 demoted jail guards reinstated in Shirley

28 months back pay is owed, rules arbiter

By Mary Jo Hill TELEGRAM & GAZETTE STAFF
mhill@telegram.com

SHIRLEY— Five supervisors demoted and transferred from the Souza-Baranowski Correctional Center in April 2004 should get their former ranks and jobs back, with 28 months of back pay, an arbiter has ruled. The demotions and transfers involved allegations of covering up the use of excessive force against an inmate.

The state Department of Correction has 30 days to appeal the ruling by a member of the American Arbitration Association. James R. Bender, deputy DOC commissioner, said an appeal is being considered.

The DOC should have suspended the two lieutenants and three sergeants for 30 days, said Richard E. Allain, grievance coordinator at the Massachusetts Correction Officers Federated Union.

The arbiter’s ruling, dated Friday and made public by Mr. Allain yesterday, said the five supervisors should be restored to their ranks and posts at Souza-Baranowski. Each officer had been demoted to correction officer and involuntarily transferred to other facilities, Mr. Allain said.

“Right now we’re happy,” Mr. Allain said. “We’re overjoyed.”

Although the department stated it disagrees with the arbiter and believes it had the right to transfer the officers, the ruling does hand out the “significant discipline” of a 30 calendar-day suspension, Mr. Bender said.

The department believes the suspension affirms its right to discipline the officers, Mr. Bender said. The ruling said the form of discipline was excessive, he said. The demotions meant that the officers lost seniority, affecting their right to bid on shifts and days off, he said.

The arbiter also said there was a conspiracy of silence in the matter, and he did not find credible the officers’ testimony that they did not see what happened in the room where excessive force was alleged, Mr. Bender said.

Neither Mr. Allain nor Mr. Bender would name the officers involved or release the arbiter’s decision yesterday.

The allegations of excessive force related to an incident involving an unruly inmate, Mr. Bender said.

An inmate, who was being escorted to the prison’s health services unit, kicked an officer in the groin, Steven Kennaway, president of the correction officers’ union, said in April 2004.

Six guards subdued the inmate, holding him down on a gurney as he thrashed his legs, Mr. Kennaway said.

The inmate received a black eye and two small cuts near his eye, he said.

On April 13, 2004, two lieutenants and three sergeants were demoted, while the officer who was kicked in the groin was fired because the Department of Correction’s internal affairs division found that he gave the inmate his injuries, according to Mr. Kennaway.

The case of the officer who was fired is still awaiting a ruling in arbitration, Mr. Allain said.

The arbiter’s decision was dated Friday and received yesterday by the union, he said. He had not had a chance to read through it, he said.

“We won,” Mr. Allain said. “The union views this as a victory and we’re very, very happy right now.”

Going through the demotion causes tremendous stress on the correction officers, who take pride in their job and find it embarrassing when accusations like these are made, he said.

“They’ve gone through hell and back with these accusations for a year and a half,” Mr. Allain said.

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Posted by: KozmoKramer

Excellent news for the Correctional Officers involved!!!

(1) for the Good Guys (-1) for the mgt. suckholes... =D>=D>=D>=D>

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Posted by: PearlOnyx

Officer gets kicked in the groin. Inmate comes out with black eye and two small cuts. Officer gets fired. There's got to be more to this story.

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Posted by: KozmoKramer

You gotta love the respect these journalistic dimwits pay Corrections Officers. "Guards", you'd think it was done intentionally...

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Posted by: SGT_GRUNT_USMC

One for the good guys, Congrats guys, justice was served.

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