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| Ex-Texas Jailers Sue Over Firings |
| By Tyler Morning Telegraph |
| Published: 03/05/2003 |
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Five former Gregg county jail employees have filed a lawsuit in federal court, accusing sheriff Maxey Cerliano of libel, improper jail management and age discrimination in their firings. 'The May 7, 2002, termination of the plaintiffs permitted Cerliano to get rid of the five oldest and most senior employees in the sheriff's department who had also supported his opponent in the 2000 election campaign, and at the same time falsely place or shift the 'blame' on the plaintiffs for his failure to comply with mandated jail requirements,' states the complaint, filed Jan. 10 in the U.S. District Court in Tyler. It is unclear whether the employees were terminated or opted to resign. The employees, whose ages range from 41 to 59, were given the option after a May 2002 internal investigation in which the sheriff said jailers falsified reports. Jailers are required by law to make written records of hourly walk-through security checks. 'It was discovered for various reasons the jailers at times failed to make written entry of these inspections and ... Were allowing the unsigned documents to be completed after the fact,' Cerliano reported after the investigation. The lawsuit disputes that report, saying jailers were unable to make required checks because of unlawfully low staff levels at the jail, and blaming Cerliano for the inaccurate records. 'Cerliano made it clear that no one was to mention, speak or complain about the lack of sufficient staff,' the complaint states. A lawyer for the plaintiffs filed the suit after the U.S. equal employment opportunity commission investigated the claims. The EEOC could not determine whether the sheriff or the county violated any law, but notified the plaintiffs of their right to sue. About a month prior to the sheriff's internal investigation, the Texas Commission on Jail Standards found the jail in violation of a state law mandating minimum staffing levels - one jailer for every 48 inmates. 'In an effort to assess future needs, I request that a formal staffing analysis be conducted,' wrote Mark Wilson, a TCJS inspector. TCJS officials said the sheriff's department never returned paperwork on a staffing analysis. The analysis was not required by law, they said. 'We should be getting back in touch with them shortly to see what their standing is on that,' said Terry Julian, executive director for TCJS. Cerliano said he added three additional jailer positions to meet the standard. His attorney, Robert S. Davis of Tyler, said the jail now has 14 staffers on duty at all times for 372 inmates, or about one jailer for every 27 inmates. Cerliano said he was not aware of the lawsuit before a telephone interview January 22, and would not comment on specifics in the complaint, instead referring questions to Davis, who said all the claims in the lawsuit are baseless. 'This case is absolutely frivolous and it's a shame that they're impugning the integrity of a fine man like Sheriff Maxey Cerliano,' Davis said. The lawsuit, which names Gregg County and Maxey Cerliano in his individual and official capacities, seeks damages for lost income and 'pain, suffering and mental anguish.' Douglas R. Larson, the mesquite lawyer representing the plaintiffs, could not be reached for comment. |
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