By Brian Kelly
Watertown Daily Times
WATERTOWN — A mediator’s attempt to settle a $9 million federal lawsuit brought against Jefferson County by one of its corrections officers has failed, according to documents filed Thursday in U.S. District Court, Syracuse.
Janice M. O’Dell, Ellisburg, filed suit in September 2013 against the county and its sheriff’s department, claiming she was suspended from her job in May 2012 after being wrongfully accused of having “relationships” with inmates both at the Metro-Jefferson Public Safety Building and outside after the inmates were released.
She also was charged in a grand jury indictment handed up in June 2012 with two counts of first-degree promoting prison contraband and single counts of second-degree promoting prison contraband and official misconduct. It was alleged that she provided an inmate with cigarettes and a lighter sometime in September 2011 and that she provided an inmate with a lighter in April 2011. In February 2013, the two first-degree contraband counts were dismissed in County Court and Ms. O’Dell was granted one-year adjournments in contemplation of dismissal on the remaining counts.
Ms. O’Dell alleges in her suit, among other things, that a male supervisor and another corrections officer asked her to send them nude pictures of herself, and when she refused, sent her pictures of a penis. She also claims that a pattern of racism pervades the department and that she was placed under increased scrutiny by members of the department because of friendships with African-Americans.
Ms. O’Dell further claims that her arrest was retaliation for her complaints about sex and race discrimination within the department and that her prosecution was malicious. She also claims that she was denied due process during her prosecution when department members either solicited or offered false testimony about events “to pursue meritless criminal prosecution against her.”
Her lawsuit initially contained 27 claims, but a federal judge in April dismissed 21 of the claims, including those related to race discrimination, libel, slander, intentional infliction of emotional distress and job discrimination due to legal recreational activities outside of work. The judge allowed claims of gender discrimination, subjection to a hostile work environment related to sex, retaliation for her complaints of discrimination and misconduct, malicious prosecution, abuse of process for allegedly bringing criminal charges to silence her and deprivation of due process, to continue.
In May, U.S. Magistrate Judge Andrew T. Baxter ordered the parties into mandatory mediation and Syracuse attorney Kenneth M. Alweis was selected in June to conduct it. According to court documents, a 3½-hour mediation session was conducted Sept. 9, but Mr. Alweis informed Judge Baxter that no settlement could be reached. The judge has ordered that the matter proceed to trial.
Documents do not show why the mediation was unsuccessful, but a filing states that lawyers for both sides “do not believe that settlement is possible at this time.”
Depositions in the matter are expected to be conducted in October and November.