Assault
Confidential RECOVERY PLUS WITHDRAWAL OF ALLEGEDLY RETALIATORY DISCIPLINARY CHARGES BROUGHT AGAINST PLAINTIFF, ENABLING HER TO PURSUE DISABILITY APPLICATION LAD Case – Assault – Hostile work environment – Emotional distress suffered by female corrections officer.
Camden County
In this action, the female plaintiff former corrections officer maintained that she was subjected to ongoing harassment by other corrections officers in the form of lewd comments, threats of a sexual nature, and an actual physical assault in which a fellow corrections officer touched her private parts. The plaintiff further maintained that as a result of her complaints, the defendant sought to retaliate against her by bringing disciplinary charges in which the plaintiff was wrongfully accused of falsifying a request for a day off for a repair to be done to her home.
The plaintiff testified that when documentation was requested for the day off, an incorrect date was mistakenly listed in the invoice she submitted, prompting the disciplinary charges. The plaintiff maintained that the alleged harassment caused a psychiatric overlay which resulted in her inability to continue as a corrections officer. The plaintiff did not make a claim in this action for reinstatement, but claimed approximately 50,000 in past lost wages. The plaintiff also contended that she suffered a post-traumatic stress disorder that is permanent in nature.
The case settled prior to trial for Confidential. In conjunction with the settlement, the disciplinary charges against the plaintiff were dropped and it should be noted that the plaintiff has been awarded two-thirds of her net pay and medical coverage for life in an administrative disability hearing.
Reference
Sexual Jervis vs. N.J. Dept. of Corrections. Docket no. CAM-L6990-99; Judge John A. Fratto, 5-03.
Attorney for plaintiff: Frank S. Gaudio of The Law Office of Miller & Gaudio PC in Red Bank.
