Case details

Complaints about prisoner mistreatment resulted in retaliation: suit

SUMMARY

$275000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In July 2014, plaintiff Dr. Lori Jespersen, an openly genderqueer lesbian and a clinical psychologist at the California Medical Facility, in Vacaville, began to file complaints with the California Department of Corrections and Rehabilitation. Her complaints alleged mistreatment of lesbian, gay, bisexual and transgender prisoners at the facility. She also complained that she was harassed about her association with, and advocacy on behalf of, protected groups. Jespersen claimed that the Department of Corrections did not investigate her claims and that it retaliated against her. Jespersen sued the operator of the Vacaville facility, the California Department of Corrections and Rehabilitation; the warden at the California Medical Facility, Robert Fox; a correctional officer, Tia McDaniels; and her direct supervisor, the chief of mental health and acting chief executive officer of the California Medical Facility, Joan Gerbasi. Jespersen claimed that the Department of Corrections failed to investigate her claims or discipline the individuals responsible for the harassment of LGBTQ patients. She also claimed that she was retaliated against by being confined in units with dangerous prisoners, by prisoners being solicited to harm her, and by being forced to take medical leave from June 1, 2016, through June 28, 2016. Jespersen further claimed that when she returned from medical leave, she was retaliated against further by being demoted to an administrative role, where she could not clinically treat patients and where her safety was put at risk. Defense counsel asserted that there was no adverse employment action against Jespersen., Jespersen worked for the Department of Corrections since 2008, but she claimed she suffered a difference in pay from the time she was demoted. She also claimed that she suffers from emotional distress as a result of the incidents. Defense counsel disputed Jespersen’s alleged economic damages as a result of the demotion.
COURT
Superior Court of Solano County, Solano, CA

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