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| Former Ariz. Jail Officers Sue Sheriff, County |
| By Tucson Citizen |
| Published: 06/05/2003 |
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Two former corrections officers have sued Pima County, the sheriff and a former sergeant who is now a lieutenant, alleging their careers and good names were ruined when they were charged in an inmate's death. John Lee Tollett and Don Guarriello filed the suit May 16 claiming they 'suffered a significant loss of past and future income, earning capacity and benefits, have incurred substantial legal expenses, have suffered and continue to suffer severe emotional stress.' The suit seeks unspecified compensatory and punitive damages. The two said their suit against the county, Sheriff Clarence Dupnik and former Sgt. Michael G. O'Connor stems from charges of negligent homicide in the Jan. 16, 2002, death of Douglas J. Carter. Carter died as a result of injuries sustained as an inmate at the Pima County Jail. Tollett and Guarriello were accused of beating Carter, but the case was dropped in October by the Maricopa County Attorney's Office, the agency charged with prosecuting the case. The reason given: There was no reasonable likelihood of conviction. Tollett and Guarriello filed damages claims against the county, the sheriff and O'Connor in November. Now, the lawsuit alleges that O'Connor 'wrongfully, falsely, recklessly and maliciously made statements and accused' Tollett and Guarriello of violating established policies and procedures, of having beaten Carter and of criminally causing Carter's death. The suit also alleges that the notice of termination issued by Dupnik defamed Tollett and Guarriello, cast them in a false light 'including but not limited to accusations of having violated rules, regulations and policies of the department, of using excessive force, of lying to investigators of tampering with a witness, of dishonesty, of incompetency, of criminal conduct in form of negligent homicide, and of having used deadly force,' the suit alleges. Other allegations in the suit include that the 'conduct of Dupnik and O'Connor was intentional or was so grossly and wantonly negligent, and with such reckless disregard for the legal rights and the physical and emotional well-being of the plaintiffs as to entitle them to reasonable and just punitive damages.' Michael J. Aboud, attorney to Tollett and Guarriello, did not answer a request for an interview. Deputy Steve Easton, spokesman for the Sheriff's Department, said the department will not comment on any issue under litigation. |
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