Byman and Apelian - Los Angeles Times

reprinted from...

Psychologist at state prison alleges she was fired for reporting sexual harassment by chaplain.

Labor & Employment
Termination/Constructive Discharge/Retaliation/Harassment/Sexual

Kings County Superior Court
Bradley v. California Department of Corrections, No. 01C2235.
Stephen R. Henry. Jury trial. Verdict/judgement: 10/19/2005

Verdict / Judgement: $439,000
Plus attorney fees of $305,000; plus costs.

The jury made no requirement that defendant CDC hire her. Vote: Not reported. Deliberations: Not reported.

Trial Counsel
Plaintiff: Mark D. Apelian, Bryman & Apelian, Calabasas.

Defendant: Barbara Seidman, Office of Attorney General, Sacramento. Susan Slager, Office of Attorney General, Sacramento.

Facts / Contentions
According to plaintiff: From August 1999 to October 1999, plaintiff Sallie Mae Bradley, a 54-year-old psychologist, worked as a therapist at Corcoran State Prison, a maximum security penitentiary in Corcoran. She was transferred to the state's Substance Abuse Treatment Facility next door in August 2000. About a month later, she complained to her superiors about a Muslim chaplain, Omar Shakir, age 48, a full-time employee at Corcoran. She claimed that, even after she made it clear to him that she had no interest in a romantic relationship, defendant engaged in a pattern of inappropriate behavior and harassment. This included knocking on plaintiff's door at 4:00 a.m., making sexually suggestive comments, groping her, and leering at her in a way that made her extremely uncomfortable.

In early October 2000, plaintiff was transferred to the Central California Women's Facility in Chowchilla. On October 4, 2000, she was terminated.

Shakir was never disciplined after plaintiff's accusations, and he continued to work at the prison until March 2001, when he was fired after being arrested on charges of sexual battery, false imprisonment, and making physical threats against prison guards and another woman. He also admitted to lying about his criminal record on his resume.

Plaintiff sued defendant California Department of Corrections, alleging sexual harassment and retaliation, claiming that defendant CDC allowed Shakir's alleged sexual harassment to take place at Corcoran prison and unfairly punished her for reporting it.

Defendant contended that most of Shakir's alleged sexual harassment took place outside the workplace. Defendant contended that it never directly hired plaintiff because she was an employee of a national medical registry that connected workers to certain jobs with CDC, not a CDC employee. The defense added that plaintiff was moved from institution to institution because she was hired to fill in voids in psychiatric care and never received a promise of a long-term contract at any state institution.

Defendant further contended that the agency never fired plaintiff; rather they discontinued her services through the registry without incident and there was absolutely no connection between her allegations of sexual harassment and her termination.

Claimed Injuries
According to plaintiff: Emotional distress.

Claimed Damages
Not reported.

Settlement Discussions
Not reported.

Trial Experts
Not reported.

Comments
According to plaintiff: In post-trial interviews, jury members said they felt defendant CDC should have done more to protect plaintiff from Shakir, who was perceived as a dangerous man.

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