Employee sues Arizona Dept. of Corrections in collective action case
An employee at the Arizona Department of Corrections filed a collective action complaint against the department that alleges it repeatedly violated the Family and Medical Leave Act and retaliates against employees who bring up matters of public concern.
The complaint, filed by Phoenix attorney Troy Foster on behalf of Jason Heffington and “similarly-situated” department employees on Jan. 14, estimated there could be more than 800 people eligible to join the suit.
Listed as defendants in the complaint are the department itself, Director David Shinn, former Director Charles Ryan, Sgt. John Hall at Arizona State Prison Complex-Lewis, Lewis prison Warden Gerald Thompson and Arizona State Prison Complex-Perryville Deputy Warden Wendy Eccles.
A start at Perryville women’s prison
Heffington has been employed by the department for 14 years as a correctional officer.
He originally worked at the Perryville prison, an all-women facility in Goodyear, because he thought it was a “safer facility to work in given the respective inmate populations,” Foster wrote in the complaint.
Heffington “expressly” did not want to work at the Lewis prison because he believed there were “significant safety issues for correctional officers that worked there,” Foster wrote.
He remained at the Perryville facility until a May 2019 transfer to the Lewis prison, which he says is in retaliation for taking leave.
Punished for taking leave
Foster wrote that Heffington has “serious medical conditions” and that the department granted him personal medical leave under the Family Medical Leave Act sometime before March 2018.
Two of Heffington’s superiors later denied his leave when he attempted to use it in March 2018 and expressed suspicion that he did not really need time off, Foster wrote.
On a separate occasion, one of Heffington’s supervisors required him to write a report justifying the leave and told Heffington the department was “keeping a paper trail” on him because his leave was “bulls--t,” the complaint said.
Also in March 2018, Heffington told the department and his managers he and his wife were expecting their first child. That leave was also granted, but Heffington was transferred to the Lewis prison before it could be used, Foster wrote.
The complaint said Heffington’s managers said they needed to “get rid of him” because of his leave immediately prior to the transfer.
The complaint said Heffington did not use his approved leave at times, despite needing and being entitled to take it. Foster added that other department employees had similar experiences.
“Plaintiff witnessed conversations where DOC managers made disparaging comments about other employees’ protected leave and saw interference with and retaliation for those employees’ leave,” Foster wrote.
Heffington raised concerns with managers and supervisors about how the department administered FMLA leave to its employees and attempted to inform the defendants in the case that their interference with and administration of FMLA violated federal law, the complaint said.
“Based upon his personal experience and observations at two DOC facilities, Plaintiff believes that the DOC has a longstanding practice and custom to deny and retaliate against employees that are eligible for FMLA leave,” Foster wrote.
He added that his client was “targeted, wrongfully disciplined, and transferred” and that as a result, Heffington was denied bonuses that others who hadn’t taken protected leave received.
The lawsuit also outlines allegations that Heffington’s supervisors investigated, disciplined and mocked him for raising concerns about unfair pay under the Fair Labor Standards Act and Lewis prison inmates violating an ordinance prohibiting smoking inside the facility.
Foster also states that his client’s supervisors violated Heffington’s constitutional rights to free speech, equal protection and due process.
Moved to Lewis prison despite safety concerns
Heffington told the department he believed the May 2019 transfer was retaliation by managers for “raising matters of public concern and engaging in other protected activity,” Foster wrote.
At that point, he reiterated his belief that Lewis prison conditions were “unsafe to work in.”
A correctional officer at the prison was stabbed by an inmate that month. His injuries were non-life threatening.
Around the same time, The Republic reported that assaults on officers by inmates had increased nearly 49% over the prior decade. There were 330 assaults on officers in 2009, and 491 in 2018, according to the Department of Corrections data.
Later that month, 716 close-custody inmates were moved from the Lewis prison after the department faced criticism over safety concerns. For decades, there have been several injuries, assaults and deaths due to broken prison locks.
A collective action case
Class members in the case are defined in the complaint as any current or former correctional officers who were eligible for FMLA between Jan. 15, 2017 and Jan. 15, 2020.
Foster wrote that the exact number of class members is “unknown and in complete control of the DOC,” but said 800 was a “reasonable” estimate.
Foster wrote that Heffington, and all similarly-situated employees, are entitled to injunctive relief, back pay, front pay, liquidated damages and legal fees.
Arizona Department of Corrections spokesman Bill Lamoreaux said the department can’t discuss pending litigation.
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