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| Wyo. Prison Discrimination Lawsuit Dismissed |
| By Casper Star-Tribune |
| Published: 04/07/2003 |
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The Tenth Circuit Court of Appeals has dismissed a discrimination lawsuit filed by three women employees at the Wyoming State Penitentiary against the Department of Corrections (DOC) and prison officials. The appeals court said the plaintiffs in the lawsuit, Wendy D. Halter, Darlene S. Lovato and Irene A. Martinez, failed to pursue the appeal. The ruling lets stand a decision by Federal Judge Clarence Brimmer, who dismissed the lawsuit late last year before it went to trial on grounds it had no merit. The judge dismissed the case 'with prejudice,' meaning it cannot be filed again. Halter, Lovato and Martinez sued DOC Director Judy Uphoff; former warden Vance Everett; and prison officers Ron Ruettgers and William Hettgar. The women claimed the defendants discriminated against them because of their sex and because of their ethnic backgrounds. They contended the DOC 'fostered a hostile work environment in which administrators, specifically those mentioned in the complaint, tolerate and promote sexual and ethnic harassment.' The hostile work environment, the women claimed, included ' unwelcome sexual advances, touching, comment and invitation' by Ruettgers and other employees, the lawsuit claimed. None of the claims, Brimmer wrote in his order dismissing the lawsuit, set forth evidence which shows conduct severe enough to support a discrimination claim or a hostile environment claim. 'In considering the totality of the circumstances of this case, it must be remembered that plaintiffs are employed at an all-male, state penitentiary, which collects Wyoming's most offensive criminals,' Brimmer wrote. The women knew this when they accepted their positions, the order continued. Although this doesn't condone discrimination, consideration of the atmosphere in the prison is acceptable in a case of hostile environment discrimination, the order said. The order also said Ruettgers never physically touched or threatened Halter as she claimed, although he was demanding, 'verbally abusive' and often rude to Halter and other employees and to students in his training classes. The women failed to present evidence that would convince a jury an atmosphere or harassment existed in the prison, the order said. |
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