By Alissa SKelton
Omaha World Herald
OMAHA, Neb. — A jury will decide whether five African-American prison guards in Nebraska endured a racially hostile work environment, the 8th U.S. Circuit Court of Appeals ruled Monday.
The appeals court said a Nebraska federal judge erroneously threw out the entirety of the guards’ lawsuit in 2012 and mistakenly said they didn’t prove their rights had been violated while working at the Nebraska State Penitentiary.
The five guards appealed the 2012 decision, saying the “district court dismissed valid claims for racial harassment and retaliation.”
The 8th Circuit Court agreed and said a jury should review evidence that one supervisor continually harassed the guards and two other supervisors used retaliation against one guard.
The appeals court affirmed the lower court’s dismissal of harassment claims against four supervisors. It also supported the district court’s decision to dismiss four guards’ retaliation claims.
“My clients are very gratified that we will now have our day in court,” said Jefferson Downing, the guards’ attorney.
Full story: Nebraska prison guards’ workplace claims to go to jury