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Tuesday, June 30, 2009
Transport Officer Loses Suit
By Scott Sandlin
Journal Staff Writer
A state court jury has found that the city of Albuquerque did not force a prison transport officer to quit her job because of her complaints about mistreatment of prisoners.
Guadalupe Bell, the former officer, filed complaints she observed about misconduct by transport officers, including time sheet falsification and abuse of prisoners, in 2007. Many of the prisoners were drunks being transported from a downtown holding facility to the Metropolitan Detention Center, and Bell said she saw officers kicking prisoners and leaving them unattended in vans where they sometimes urinated on themselves.
Although her complaint was investigated, Bell's attorney Brandt Milstein told the jury her identity had been leaked and that led to retaliation.
Bell said officers retaliated by calling her "rat" and more, refusing to talk to her and telling her they wouldn't back her up. Bell testified she feared for her safety and her health was so affected that she was forced to quit.
Deputy City Attorney Kathryn Levy, who defended the city at the civil trial before Judge Clay Campbell, argued that in Bell's case, the city had done exactly as it should have.
After Bell complained, Internal Affairs investigated and took steps to deal with problems she identified.
When Bell complained again, this time alleging retaliation, the city moved two supervisors and a co-worker and she never worked with them again, Levy said.
"This case is about the city of Albuquerque as an employer getting it right," Levy told the jury. The police department "immediately began investigating" after getting Bell's complaint, she said. "They didn't look the other way."
Although unanimity is not required in civil cases — only 10 must agree for a verdict — Levy said jurors were polled after returning the verdict last week and they were unanimous in their decision.
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