Correction Officers File Class Action Lawsuit Against New York State

News Summary

A class action lawsuit has been filed by correction officers in New York against the state and its officials, claiming unlawful terminations under the Family and Medical Leave Act. The lawsuit follows a wildcat strike advocating for safer working conditions that began in February, leading to over 2,000 terminations. Governor Hochul’s executive order blocking rehiring of these officers is also being contested, amid concerns over staffing shortages in correctional facilities. The situation continues to evolve as legal proceedings unfold.

New York – A class action lawsuit has been filed by a group of correction officers against the State of New York, the Department of Corrections and Community Supervision (DOCCS), and Governor Kathy Hochul. The lawsuit alleges unlawful terminations of officers who were exercising their rights under the Family and Medical Leave Act. The case is currently being heard in the United States District Court for the Western District of New York.

The correction officers are seeking monetary damages and their reinstatement following a wildcat strike that erupted in February across New York state. The strike, aimed at advocating for safer working conditions in prisons, began on February 17 at Collins Correctional Facility and quickly expanded to involve protests at more than two dozen facilities. On March 10, DOCCS Commissioner Daniel Martuscello announced that the strike had ended; however, over 2,000 correction officers who did not return to work subsequently received termination letters.

Initially, New York state sought to impose severe penalties, including the possibility of up to six months of incarceration for 331 officers involved in the strike. However, state officials have since reduced the number of officers facing potential penalties from 331 to 65, as many have returned to work. Attorney Ralph Lorigo, who is representing some of the affected officers, is also preparing to bring a class action lawsuit against the state regarding the wrongful termination of officers who were on authorized leave when they were let go.

In tandem with these events, Governor Hochul issued an executive order that prevents local agencies from hiring previously terminated correction officers. This directive has been challenged by two counties, Chemung and Oneida, which have filed lawsuits arguing that the order has negatively impacted local hiring efforts amid staffing shortages caused by the terminations. Local officials have voiced concerns over significant vacancy rates in their correctional facilities, further exacerbating existing staffing challenges.

The wildcat strike was a significant response from correction officers who felt their working conditions were unsafe. Officers who were terminated due to their participation in the strike have lost their certifications necessary for employment in similar roles within law enforcement. Recent changes, however, now allow these terminated officers to seek re-certification as peace officers to enable them to work in county jails, although a current executive order bars rehiring until at least April 9 and requires any hired individuals to complete mandatory recertification courses.

Despite the executive order, Onondaga County has shown interest in hiring previously terminated officers. Nevertheless, the county has refrained from taking any legal action against the executive order until now. Governor Hochul has cautioned local agencies regarding the hiring of these individuals, emphasizing the responsibility they carry while serving in their capacities.

The ongoing circumstances surrounding the class action lawsuit and the executive order issued by Governor Hochul reflect increasing tensions within New York’s correctional system, concerned both with the rights of correction officers and the state’s efforts to manage staffing levels in correction facilities.

As the litigation progresses in court, the future remains uncertain for the thousands of correction officers affected by these terminations, as well as the state’s ability to maintain operational capacity within its correctional facilities.

Deeper Dive: News & Info About This Topic

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• Google News: NYSCOPBA Lawsuits