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On March 15, 2006, the Ninth Circuit Federal Court of Appeals will hear oral argument in a case brought by a female correctional officer against the California Department of Corrections (CDC) based upon inmate exhibitionist masturbation at Pelican Bay State Prison.
In 2000, Officer Deanna Freitag sued CDC alleging gender discrimination and retaliation. She brought the case after she complained about inmates targeting female officers for sexual harassment. She alleged that the inmates engaged in exhibitionist masturbation in order to harass and undermine the female officers’ authority within the unit. CDC’s response to her complaints was to accuse her of dishonesty and to fire her.
On April 4, 2003, following a month long trial, a unanimous federal jury agreed that Officer Freitag had suffered a sexually hostile work environment at Pelican Bay and was retaliated against when she complained about it. The jury found that CDC failed to comply with federal law by ignoring the problem. She received a verdict against CDC for $600,000. The jury also awarded nominal punitive damages against former Warden Robert Ayers, Jr., and then Associate Wardens Teresa Schwartz and Augustin Lopez.
Highlights of the trial included testimony by a Deputy Inspector General that while serving as Pelican Bay’s longtime EEO Officer, Associate Warden Augustin Lopez, referred to female officers who complained about the inmates’ exhibitionist masturbation as “a bunch of lesbians.” Officer Freitag proved that after she complained to the director of CDC and several state legislators, she was subjected to a series of retaliatory acts and terminated.
Following the trial, Officer Freitag asked Judge Thelton Henderson to order the Department to make changes to respond to the problem and to protect female officers from retaliation for complaining. In an order issued in August 2003, Judge Henderson agreed that remedial action was necessary, pointing out that the Department had even tried to blame Officer Freitag for the treatment she suffered.
Judge Henderson appointed a special master to develop a remedial plan which was hammered out between Officer Freitag’s attorneys and CDC representatives. Following his review of the Special Master’s recommendations and a hearing in June 2004, Judge Henderson adopted the recommendations and issued the final order for the Freitag Remedial Plan. The Freitag Remedial Plan has been in effect at Pelican Bay since late 2004, and has reportedly resulted in a significant decrease in the number of inmates and incidents.
This case is the first of its kind in the Ninth Circuit.
Officer Freitag is represented by attorneys Pamela Y. Price of Price And Associates, John L. Burris and Charles S. Ralston. CDC is represented by Deputy Attorney Generals Richard Manford and Vince Scally.
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