By Sarah Zoellick
Wyoming Tribune-Eagle, Cheyenne
CHEYENNE, Wyo. — A former Wyoming corrections officer is seeking compensation for allegedly being racially discriminated against by inmates, co-workers and supervisors over several years.
Pierre Hardin, currently a Colorado resident, filed a lawsuit in the U.S. District Court of Wyoming last month against the Wyoming State Penitentiary in Rawlins and the Wyoming Department of Corrections.
The lawsuit says that in 2011, Hardin became aware he was being treated differently than his white co-workers regarding shift assignments and requests for transfers.
“Fellow officers harassed Mr. Hardin, and WSP staff allowed Mr. Hardin to be bullied and retaliated against because he stood up to the ‘good ole boy’ system at WSP and because he is a hard-working black man,” the document says.
According to his complaint, Hardin was called the “N-word” several times by an inmate in 2009, and a co-worker “did nothing other than stand in between them and call (another guard) via radio.”
And throughout his employment, he “was forced to endure racially disparaging comments and actions by fellow white workers and management, which were severe and pervasive and ... caused a racially hostile work environment.”
Hardin says he was retaliated against for complaining about the discrimination and eventually was wrongfully fired based on his race.
According to the complaint:
In April 2011, Hardin “submitted a detailed report of the wrongdoings that WDOC had been putting him through and stated that WDOC brought shame upon his name and tarnished his reputation and career, among other things, such as his mental state and health.”
But WDOC “did nothing to assist Mr. Hardin and continued placing him in the same daily environment of dealing with the same individuals in the same unit.”
Also in April 2011, Hardin was assigned to work the Rawlins prison’s perimeter with an officer, even though “it was no secret” the two did not get along.
That officer “instigated a dialog of insults between the two men, which resulted in Mr. Hardin being intimidated.”
In September 2011, a different co-worker harassed Hardin about a hooded sweatshirt he would wear in the coldest unit, the lawsuit says.
The guard “continued to badger and harass Mr. Hardin every chance he got,” causing Hardin to feel “discriminated against, harassed and singled out.”
Then, in June 2012, an inmate took his soiled underwear off during a skin search and threw the garment at Hardin.
Hardin “expected the department to make an example of the inmate to indicate that those kinds of behaviors will not be tolerated under any circumstances, but WDOC did nothing.”
WDOC placed Hardin on administrative leave with pay in October 2012.
Hardin says that was because he didn’t allow one of his superiors to intimidate him during an interview about an inmate assault.
Hardin’s request to have his union representative present for the interview via telephone was denied, so he refused to speak without representation.
The assault happened while Hardin was working in a “pod” of mostly Hispanic men known to be “extremely racially charged and aggressive toward blacks.”
An unrestrained Hispanic inmate attacked Hardin, and Hardin says “he was placed into contact with that inmate on the basis of his race with the hope that an altercation would occur.”
“Mr. Hardin was dismissed from employment for his actions that day in protecting himself,” the lawsuit says.
Hardin’s suit says “most of the allegations made about (him) in support of the termination of his employment are not true.”
He “was never made aware that an investigation or final outcome had ever been reached,” it continues.
“Further, WDOC did not communicate with Mr.
Hardin about any investigations or the findings in the report utilized to support the termination.”
Hardin has had difficulty finding another job in his field “because of what can be inferred as negative references WSP and WDOC provided to prospective employers,” the lawsuit adds.
According to Hardin’s complaint, there were only three or four black prison guards when he worked for WSP, out of a total guard population of about 300.
Additionally, he “is aware that other black prison guards suffered discriminatory treatment, indicating a pattern of discrimination based upon race.”
Mark Horan, spokesman for WDOC, said WSP payroll currently shows a total staff of about 398 people, with approximately 12 percent of non-security staff, corrections officers and supervisor/management positions being filled by minorities, including Rawlins prison warden Eddie Wilson.
Horan said WDOC could not comment regarding Hardin’s lawsuit.
Hardin is seeking compensation for past and future wage loss, emotional distress, loss of reputation, humiliation and more.
“The harassment, threats, hostile environment and the failure of WSP and WDOC to act on (Hardin’s) behalf negatively affected his morale, position, influence and leadership, causing him concern over his health, safety and life,” his lawsuit says.
“Mr. Hardin intended to make a career with WSP and WDOC and retire therefrom, but was terminated because he refused to tolerate the racial animosity, abuse and lack of concern from the higher-ups at WSP.”
Copyright 2015 Wyoming Tribune-Eagle