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| Court rules in favor of former prison officer |
| By Northwest Indiana Times |
| Published: 07/12/2004 |
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Despite years of court battles, a demotion and harassment, Nancy Spiegla still loves her job. Part of that commitment involves fighting for the protection of herself, her co-workers and the inmates at Westville Correctional Facility in Indiana. Spiegla has been involved in a lawsuit against Westville Major Eddie Hull, Supt. Herb Newkirk and Operations Asst. Supt. Bernard Johnson for actions committed after she complained about a security policy four years ago. "I love my job. I loved it then and I still do. I just believe in justice," said Spiegla, who lives in Portage. The 7th U.S. Court of Appeals recently reversed a federal court's summary judgment against the defendant and decided in favor of Spiegla. The appeals court ruled that employees who speak about matters of public policy and public safety are protected by the Constitution. "I'm glad someone finally listened to me besides my attorney," Spiegla said. "I think this is a landmark. I think it's a positive thing ... it affects other people. They're able come forward and they're not afraid to lose their job like I did." Spiegla's attorney said the court saw the case as a First Amendment claim. "A person who was a public employee who speaks out about public safety or concerns cannot be terminated for expressing their First Amendment views," said Indianapolis attorney Michael Sutherlin. Westville Correctional Facility spokeswoman Sharon Hawk was contacted by The Times, but did not provide comment for the facility. Spiegla was previously a gate officer, responsible for searching vehicles. On Jan. 13, 2000, Spiegla said she observed Hull and Capt. Ernest Huff take bags out of their private vehicles, transfer them to a state-owned vehicle and drive to the gate. Spiegla was prepared to search the car, but was instructed not to because the state had approved a new exemption policy for state vehicles. Spiegla, concerned with public safety and the potential for contraband entering the prison, reported what she saw and spoke to administrators. She was later transferred. Spiegla and Sutherlin are moving forward with a jury trial against the defendants. Though she now works as a teacher's assistant at the prison, and suffered a 4 1/2 percent reduction in pay, Spiegla does not want her former position back. |
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