By Andrew Oxford
The Santa Fe New Mexican
SANTA FE — Two Santa Fe County corrections officers say they were sickened by exposure to toxic dust blown around the county jail during a three-month project to remove mold from cell block showers.
The whistleblower complaint against the county, filed last week in the First Judicial District Court, comes as inmates pursue a class action lawsuit claiming they, too, suffered injuries during Santa Fe County jail remediation work in 2014.
The new lawsuit claims the two officers, Matthew De Lora and Michael Lepic, quickly developed symptoms from exposure, including eye conditions and respiratory problems. Jail administrators then retaliated against them for raising concerns about the dust’s health effects by reassigning them to what the lawsuit describes as the jail’s most grueling and unwelcome job — working in booking.
Efforts to eliminate the mold began with a contractor, Industrial Commercial Coatings, applying a material known as polyurea to the showers, the lawsuit says. But according to the complaint, the material peeled, and the mold reappeared.
The contractor undertook remediation measures again in April and May 2014, with crews grinding away surfaces covered with both mold and the chemical used to treat it, the lawsuit says, sending hazardous dust particles into the air.
The air in cell blocks was sometimes thick with dust, the lawsuit says.
The contractor’s crews wore protective gear, and jail staff were issued paper masks, according to the lawsuit.
Inmates who assisted in the work are said to have been provided eye protection, but other inmates purportedly were given only tape to seal the doors of their cells to prevent dust from blowing inside.
A spokesperson for the county did not respond to a voicemail message seeking comment Tuesday afternoon.
The officers’ lawsuit says De Lora suffered from itchy eyes, nausea, vomiting, rashes, scabs and respiratory problems. A doctor purportedly ordered that he work in an area of the jail where exposure to dust would be minimized.
An optometrist purportedly told Lepic he had chemical burns on his eyes. Lepic also claims to have suffered from a raw throat, as well as a bleeding and scabbed nose.
Two inmates allege they suffered various symptoms from the dust, including “possible occupational asthma.” The class action lawsuit filed by Christopher Mavis of Cerrillos and Joe Martinez of Chimayó suggests as many as 500 inmates might have been exposed to toxic contaminants during the mold remediation project.
The officers claim they raised concerns about the dust, but supervisors told them to “shut up” or quit and reassigned them to booking duties, although they had lapsed certifications.
Lepic eventually left his job at the jail, retiring as disabled.
Filed by the law office of Philip B. Davis, the lawsuit names the County Commission as the only defendant and demands reinstatement for the officers as well as lost wages, interest and other damages.
Copyright 2016 The Santa Fe New Mexican