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Fired prison guard who was harassed by naked inmates wins court ruling
San Francisco Chronicle ^ | 4/15/8 | Bob Egelko

Posted on 04/15/2008 10:54:57 AM PDT by SmithL

SAN FRANCISCO -- A federal appeals court has upheld $600,000 in damages to a state prison guard who said she was fired after complaining that she was being harassed by naked male inmates.

The complaints by Deanna Freitag led to an investigation by the state Department of Corrections and Rehabilitation's inspector general, who found in 2000 that maximum-security inmates at Pelican Bay State Prison had regularly subjected female guards to "lewd exhibitionism and exhibitionist masturbation" and that the warden and other officials were doing little to stop it.

Freitag, who had worked at the prison in Del Norte County since 1996, was fired by Pelican Bay officials shortly before those findings were issued. Her bosses accused her of fabricating incidents in the reports she had been filing since September 1998.

In her lawsuit, Freitag said officials brushed off her complaints and disciplined the prisoners mildly, if at all.

A federal court jury in San Francisco awarded Freitag $500,000 for lost wages and $100,000 for emotional distress in a March 2003 verdict against the department, the warden and other prison officials.

The Ninth U.S. Circuit Court of Appeals ruled in 2006 that the corrections department had failed to protect Freitag from sexual harassment. But the court returned her case to the trial judge to consider the effect of a new U.S. Supreme Court ruling that limited government employees' protection from retaliation for criticizing workplace conditions.

In a 2-1 ruling Friday, the appeals court upheld Freitag's damage award, agreeing with U.S. District Judge Thelton Henderson

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: prisonguard
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To: untrained skeptic

How about a taser, aiming for the crotch. That would change their minds in a hurry.


21 posted on 04/15/2008 11:32:50 AM PDT by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: donna

I’m only guessing here, but I would suspect that the guards can administer physical correction for certain behaviors, but this would require an administrative punishment, which would have to be administered by the Warden or other administrator. Guards can’t arbitrarily throw a prisoner in solitary or restrict their access to the yard, etc.


22 posted on 04/15/2008 11:33:33 AM PDT by Little Pig (Is it time for "Cowboys and Muslims" yet?)
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To: dr.zaeus
What did she expect to see in a male prison?

I agree with you. I have to wonder, however, if some of this comes from frustration at not being permitted to do anything about it herself, (i.e. zapping the guys' privates with a stun gun).

23 posted on 04/15/2008 11:34:28 AM PDT by MEGoody (Ye shall know the truth, and the truth shall cause you to vote against the Democrats.)
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To: RJS1950
Sounds appropriate to me.

Might get the ACLU's panties in a wad.

24 posted on 04/15/2008 11:35:15 AM PDT by untrained skeptic
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To: Dr. Bogus Pachysandra

I suspect that would work.
susie


25 posted on 04/15/2008 11:39:06 AM PDT by brytlea (amnesty--an act of clemency by an authority by which pardon is granted esp. to a group of individual)
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To: SmithL

Common sense not to be found anywhaere.


26 posted on 04/15/2008 11:39:28 AM PDT by fso301
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To: beeber
"I've been told that it smells like snowflakes."

27 posted on 04/15/2008 11:42:12 AM PDT by evets
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To: SmithL

WHAT’S A WOMAN WORKING AS A GUARD IN A MALE PRISON FOR?

What kind of people did she expect to find behind bars?


28 posted on 04/15/2008 11:42:59 AM PDT by Elpasser
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To: Rick.Donaldson

I suppose I would agree with you in a perfect world but this is the real world and women being in combat has absolutely nothing to do with this.

If you think these men in max are going to start acting like human beings you’re kidding yourself, they’re there in the first place because they don’t fit the mold of human beings.


29 posted on 04/15/2008 11:47:57 AM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: donna

Most that she can do is right a case on that Offender.


30 posted on 04/15/2008 11:54:52 AM PDT by ktw (kakatte koi)
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To: crusty old prospector

If the inmates are accused of “lewd exhibitionism” and “exhibitionist masturbation” to that, then they need some help prison can’t give! Either that or it’s a maximum security prison for the blind!


31 posted on 04/15/2008 12:06:42 PM PDT by Hatheos
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To: SmithL

Is it just me, or does anybody else think it might be a good idea to have male guards only at male prisons and female guards only at female prisons? Having people guard the opposite sex is absolutely begging for something bad to happen.


32 posted on 04/15/2008 12:14:46 PM PDT by lesser_satan (Vote McCain - The Choice who Sucks Less!)
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To: Dr. Bogus Pachysandra
They should have been punished for their unacceptable behavior. They don’t get to act the way they want. I would suggest that cattle prods might work well.

Well then Dr. send in the 5'8" 130 pound female guards to do it!

That ought to go over well with some 6'4" 290 pound lumberhead with nothing to lose.

33 posted on 04/15/2008 12:23:54 PM PDT by dragnet2
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To: dr.zaeus

Obviously, this female got into the wrong line of work and is now looking cash out and exit. It would have been better of all if she opted to sell jewelry at Nordstroms, rather than work in the joint with vicious brutal murders that are more than capable of ringing her bell with little effort.


34 posted on 04/15/2008 12:32:10 PM PDT by dragnet2
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To: jazusamo

Well, like you said... in a perfect world.

Point is, while most of the people in there, are there for life... some aren’t.

I’ve worked in a prison. Yes, they CAN and DO act like human beings... and they need to be made to do so. Period.


35 posted on 04/15/2008 12:32:56 PM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for latest on DPRK/Russia/China/et al.)
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To: dragnet2

Shock belts for them all! And give the dainty little guard girl the button!
Butt yeah! Women guarding men, and men guarding women is stoopid!


36 posted on 04/15/2008 12:37:02 PM PDT by Dr. Bogus Pachysandra ("Don't touch that thing")
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To: joe fonebone

Political correctness and not improbably, affirmative action..


37 posted on 04/15/2008 1:04:00 PM PDT by sheik yerbouty ( Make America and the world a jihad free zone!)
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To: dr.zaeus

I agree. She couldn’t have possibly thought that something like this wouldn’t happen. And it would have gotten worse when the cons saw that it bothered her.


38 posted on 04/15/2008 1:04:58 PM PDT by quikdrw (Life is tough....it's even tougher if you are stupid.)
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To: SmithL

Even if we ignore the fact that it is asinine to have a female guard in a male maximum security prison, and if we ignore the fact that anyone who can’t handle being harassed by prisoners should not be a prison guard, my main question is: why are the taxpayers the ones who are punished for the bad behavior of prisoners?


39 posted on 04/15/2008 1:07:59 PM PDT by fr_freak (So foul a sky clears not without a storm.)
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To: Dr. Bogus Pachysandra
Shock belts for them all! And give the dainty little guard girl the button!

And when the battery packs wear out, send in the dainty little guard girl to change them!

40 posted on 04/15/2008 1:13:52 PM PDT by dragnet2
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