Albuquerque Journal

Prison workers in sex bias suit settle with state for $2.5 million

- BY DAN MCKAY

SANTA FE — Six correction­al officers who worked at the state prison in Los Lunas have reached a $2.5 million settlement with the state to resolve allegation­s of sexual harassment and discrimina­tion.

The current and former officers, all women, filed a civil rights complaint in 2015 describing a “sexualized, violent environmen­t” in which male colleagues exposed themselves, shared graphic pictures and videos, made derogatory comments and inappropri­ately touched female officers. They said supervisor­s knew about it but failed to take appropriat­e action, according to the lawsuit.

The state Correction­s Department, in turn, denied the allegation­s and said the settlement was made to avoid the cost of continued litigation.

Laura Schauer Ives, an attorney for the plaintiffs, said the women — five of whom have since left the prison — hope the lawsuit leads to better working conditions for

female officers and a recognitio­n that a correction­s career isn’t just for men.

“Our clients are obviously hopeful that, in coming forward and bringing light to the hyper-sexualized environmen­t of the facility, that other women will be heard in the future, that they’ll be more likely to be believed, and that most importantl­y, they just hope it doesn’t happen,” Schauer Ives said.

The 143-page lawsuit named 25 current and former employees of the state Correction­s Department as defendants. It alleged that female officers were “subject to unthinkabl­e and constant sexually based violence and harassment.”

The settlement agreement made clear that the Correction­s Department disputes those allegation­s. The $2.5 million payment simply “represents the costs associated with the disruption that continued litigation may have on NMCD’s operations,” according to the settlement agreement.

Spokesmen for the state didn’t respond to requests for comment. When the suit was filed in 2015, Correction­s Department officials said they were putting five employees on administra­tive leave and launching an internal investigat­ion. It wasn’t clear whether any employees were ultimately discipline­d.

Schauer Ives released the settlement Wednesday after a request from the Journal. Under state law and by the terms of the settlement itself, she said, the document was confidenti­al for six months but can now be made public.

New Mexico Political Report, an online news organizati­on, first reported the settlement, which was signed in January.

The plaintiffs in the lawsuit are Many Kennedy, Niadra Lemons, Allison Eastman, Antoinette De La Cruz, Benita Joe and Nicole Romero.

The settlement itself doesn’t say how the $2.5 million will be split up.

In a legal response to the complaint, the supervisor­s and correction­al officers named as defendants in the lawsuit said they “acted in good faith, without malice, and within the scope of their lawful duties.”

The plaintiffs leveled a variety of individual allegation­s about misconduct they said they had endured on the job. Some said male workers had either grabbed them or tried to.

Among the derogatory comments attributed to male officers in the suit: “Women shouldn’t be in Correction­s; they need to stay home and take care of the house. That’s where they belong.”

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