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| Mich. Court Finds Prison Officers Not Victims of Bias |
| By Macomb Daily |
| Published: 05/12/2003 |
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Three white male prison officers do not have a case for racial discrimination in their treatment from black supervisors at the Macomb Correctional Facility in Lenox Township, the Michigan Court of Appeals has ruled. In a written ruling received by the parties this week, a three-judge panel upheld a Macomb County judge's decision to dismiss claims of discrimination, retaliation and emotional distress by Thomas Cline, Brad Deornellas and David Delezenne. 'The harassment which they claim to have suffered from has a racial overtone simply because their supervisors are African-American...,' the judges ruled. '(E)ven if there was evidence in the record to establish that the statements and actions of the supervisory personnel were done on the basis of race, none of the (officers) could (show) that the unwelcome racial conduct or communication ... did substantially interfere with (their) employment.' The trio's lawsuit stems from alleged confrontations and friction with two black female corrections officers, Ann Green and Rajabu Nakenge, between late 1995 and January 2000. The lawsuit sought damages of more than $25,000 from the Michigan Department of Corrections, Green, Nakenge and prison warden Jimmy Stegall. They claim, among other things, that Nakenge and Green and one other black supervisor passed them up for overtime opportunities, instructed one or more of them not to follow department rules, or gave them unfavorable jobs and assignments. In 2001, Macomb County Circuit Judge James M. Biernat dismissed the case because nothing in the complaints indicates that their treatment from Nakenge and Green was racial in nature. The officers appealed that decision, and now have lost again. 'This is a victory on both levels. The plaintiffs' position doesn't stand up, and nothing shows that what happened to them occurred on the basis of race,' said Sage Eastman of the Michigan Attorney General's office, which defended the corrections department and the other employees in the case. Cristine Wasserman, an attorney for the plaintiffs, said she or another attorney at their Flint-based firm will have to consult with their clients before deciding whether to seek reconsideration or try to take the case to the Michigan Supreme Court. Deornellas took a mental health disability leave from the department in 2000, and Delezenne has since been fired. |
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