By Terrie Morgan-Besecker
The Times-Tribune
SCRANTON, Pa. — A female prison lieutenant who was in charge at Lackawanna County Prison when an inmate savagely attacked a fellow prisoner was demoted because she lacked leadership ability, not because of her gender, an attorney for the county says in court papers.
Nancy Carroll failed to immediately notify police, failed to secure the crime scene and was evasive in answering questions after Michael Simonson’s Aug. 8, 2010, attack on Nicholas Pinto, attorney Joseph Joyce of Scranton said in a court motion. Those shortcomings clearly support the prison board’s decision to demote her, he said.
Ms. Carroll was demoted to correctional officer in December 2010, which resulted in a $20,000 pay cut, and she never returned to work. She resigned in September 2011 and filed suit against the county and commissioners in 2012, alleging she was treated more harshly than male officers who failed to prevent the attack, which left Mr. Pinto with permanent injuries.
Mr. Joyce’s motion, filed April 30, contends Ms. Carroll failed to present any evidence to support her claims of gender discrimination. Ms. Carroll’s attorney, Cynthia Pollick of Pittston, vehemently disputes that claim.
In a reply filed June 1, Ms. Pollick notes Ms. Carroll was not present when the attack happened, yet her punishment was more severe than that of several male prison employees who were directly responsible for monitoring Mr. Simonson. Ms. Pollick also notes male employees involved in other serious security breaches, including Mr. Simonson’s escape from the county prison on Sept. 28, 2011, were not punished as severely as she was.
Mr. Joyce acknowledged Ms. Carroll’s punishment was more severe but said that was warranted because she was the shift commander at the time of the Simonson attack and therefore was responsible for all conduct within the facility.
The motion marks the third time Mr. Joyce sought to dismiss all or part of Ms. Carroll’s suit. He previously filed a motion seeking to dismiss her claim that her due process rights were violated. Senior U.S. District Judge A. Richard Caputo initially granted that motion but later reversed his ruling to allow that count to proceed.
The latest motion seeks to dismiss all counts in the lawsuit. Judge Caputo will review the filings and issue a ruling.