Prison guard files discrimination suit

Wednesday, Dec. 29, 2004 | 11:20 a.m.

CARSON CITY -- A correctional officer at the High Desert State Prison near Indian Springs has filed a federal court suit alleging the prison administration practices age and race discrimination.

Fredrick Rogers, a 64-year-old black man, says in the suit filed Dec. 17 in Reno that he was passed over five times for promotion to lieutenant. Those promotions went to less qualified individuals, the suit alleges.

The suit says that when Jackie Crawford became director of the state Department of Corrections in 1999 she adopted a policy of "terminating or refusing to promote older employees, discriminating against and terminating, or refusing to promote outspoken employees, discriminating against people of African-American heritage and in particular males."

Crawford denied the allegations.

"I have promoted women and minorities" and those who are older, she said. She said there are other black employees who are lieutenants.

There is a personnel system and tests that applicants must go through as part of the promotions process , she said. Crawford said she then looks at the credentials and how the applicant could be expected to lead before deciding upon a promotion.

Crawford said she would put her record of promoting minorities and women against anybody's. She said she welcomes an examination of her record.

But, she said, she could not specifically address Rogers' situation because of the pending lawsuit.

Andy Boles, Rogers' attorney, said 10 other lawsuits have been filed against the prison administration, making similar allegations. Boles said this suit will be transferred to the U.S. District Court in Las Vegas as the others have.

The suit seeks in excess of $50,000 each in general, special and punitive damages plus attorney fees.

Rogers was hired in January 1995 as a correctional officer at the Southern Nevada Correctional Center in Jean. He has been a shift supervisor, shift lieutenant, culinary sergeant and yard sergeant at various prisons. Between 1995 and 1999, he received annual evaluations of standard or above standard. His suit says he has not received any evaluations since 1999.

His lawsuit also says that in 2000 Rogers filed a complaint with the Nevada Equal Rights Commission for age and race discrimination. Since then he has been up for promotion to lieutenant and has been passed over for five years.

The suit also names James Schomig, warden at the High Desert Prison, and Charles McBurney, associate warden with the Nevada State Prison. It says, "Rogers observed that persons who were hired, obtained promotions or received favorable assignments were either friends or relatives of supervisory officials, thus demonstrating to Rogers unlawful hiring practices, blatant favoritism, nepotism and fraternization."

Rogers said his authority as a sergeant was undermined and he was blamed for an escaped inmate in November 2003 and was wrongfully accused of not following instructions during a riot in the prison yard in July 2004 at the High Desert Prison.

The suit also names the state as a defendant.