Published: 11/06/2007 Jail guards sue sheriff, state By Bruno Matarazzo Jr. Staff writer
MIDDLETON - The union representing Middleton Jail guards filed a lawsuit in federal court yesterday against Sheriff Frank Cousins and the Massachusetts Commission Against Discrimination. The Essex County Correctional Officers Association filed the lawsuit to stop MCAD from proceeding with their discrimination complaint against four union members and to give two fired union members their jobs back. The lawsuit comes after a Oct. 3 decision by Cousins to fire Sgts. Jerry Enos and K. Ricky Thompson after the jail alleged they allowed racially derogatory remarks about Cousins, who is black, posted on the jail guards' Web site to remain there, despite having the ability to remove them. Enos was the president of the 450-member union, and Thompson was its treasurer and Webmaster. In August, MCAD found probable cause against the union and four union members for racial discrimination against Cousins. The commission found the union liable for "failing to properly administer the Web site, which created a racially hostile environment." Union lawyer Howard Lenow said his clients can't be held responsible for the electronic remarks because of a federal law that provides immunity for "interactive service providers." The Communications Decency Act provides immunity for Internet service providers and interactive service providers from comments made on Web sites by other people. "In this case, the sheriff is attempting to make the union, Jerry Enos, and Ricky Thompson liable for what other people wrote on the Web site," Lenow said. Lenow said Enos and Thompson want their jobs back. "Another count in the lawsuit also charges the sheriff and administrative staff engaged in a conspiracy to deprive their rights as union officers," Lenow said. Paul Fleming, a spokesman for the Essex County sheriff's office, declined to comment because the office has yet to see a copy of the suit. A date has not been set for the hearing at U.S. District Court in Boston.
Posted by: exscrew
Word is that the federal judge ordered Cousins to reinstate the health ins. for these guys pending the outcome of an arbitrators rulling. Then he will hear the case. looks to me like he is leaning towards the CO's and not Sheriff. Just an observation on my part.
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