By Anthony G. Attrino
nj.com
NEWARK, N.J. — A former corrections officer at the Essex County Jail has filed a lawsuit against county officials, alleging she was terminated after a prisoner’s suicide even though she was cleared of criminal wrongdoing.
Idesha Howard, 47, states in court papers she had a stellar record as a jail employee, until the Essex County Prosecutor’s Office charged her in March 2022 with falsification of documents and of failing to conduct tours of at-risk prisoners.
Howard retained an attorney who cleared her of criminal charges, and she was expecting to return to work but her employment was terminated instead, the lawsuit alleges.
A spokesman for the Essex County Prosecutor’s Office on Friday declined to comment, saying prosecutors had not yet reviewed the complaint and citing a policy of not discussing pending litigation.
A spokesperson for the jail did not immediately respond Friday to a request for comment.
The Essex County Jail has been under scrutiny for years with regard to the in-custody deaths of several prisoners.
Four years before she was charged, Howard had been asked to fill in for officers taking a meal break during the overnight shift in the 2D3 Unit on Aug. 28, 2018 .
The unit is made up of just under 100 prisoners, with two officers responsible for making checks, according to the lawsuit, filed March 4 in state Superior Court of Essex County. Of the 100, about five were considered “close custody,” meaning they needed to be watched for various reasons and had cameras in their cells monitoring their movements.
The suit states Howard observed all prisoners in the unit every 30 minutes through their jail cells. She observed the close-custody prisoners both in person and on a large monitor at the officers’ desk area, according to the suit.
“At times during the tours, plaintiff stopped to speak with inmates who were awake during her tours,” the suit states. “Plaintiff gave the inmates that she spoke with positive statements and hope.”
When Howard completed the assignment, she left the unit to take care of other responsibilities, including work in her role as union representative, the lawsuit says.
In the following days, Howard learned a prisoner in Unit 2D3 had died by suicide. In September 2018, Howard was summoned to the Professional Responsibility Division of the Essex County Prosecutor’s Office.
Howard went to the office with a legal representative and was questioned about her actions the night she had filled in for officers taking a meal break. After questioning, Howard claims she heard nothing more about the incident for nearly four years.
On March 3, 2022, an assistant prosecutor from the Essex County Prosecutor’s Office served Howard with a summons and complaint accusing her of falsifying a document that “essentially placed an inmate in a position where he was at risk of being harmed,” the lawsuit states.
After receiving the paperwork, she was served by jail personnel with a preliminary notice of disciplinary action and suspended without pay, the suit says.
“Plaintiff was suspended without pay because she had been served with criminal charges. It was also noted that plaintiff had violated the policies of the (jail) and this served also as the basis for the suspension,” the suit states.
At the time of the criminal and internal charges, Howard was on a list to be promoted to sergeant. “As a result of the charges, plaintiff could not be promoted,” the suit states.
Howard retained a lawyer and fought the criminal charges. On July 12, 2022, the charges were dismissed.
“When the criminal charges were dismissed, plaintiff should have been returned to work. However, she remained out of work with no notice from (jail) personnel to return to work,” the suit says, noting she was entitled under New Jersey law to get her job back.
The suit says after the criminal charges were dismissed, the Essex County Jail had 45 days to refile internal charges against her, but they did not and no further investigation was done.
In addition, the earlier internal investigation allegedly found that Howard did nothing wrong prior to the prisoner’s suicide, the suit says.
The suit says Howard was terminated and forced to take a lesser paying job, which has caused her to experience economic hardships due to the alleged intentional actions of managers at the jail.
The suit also states Howard, who is Black, was treated differently than white officers who received “a slap on the wrist” after being accused of wrongdoing. The suit alleges violations of New Jersey’s Law Against Discrimination, malicious prosecution, interference with economic advantage, and intentional infliction of emotional distress.
“Plaintiff lost income, and was subjected to humiliation, embarrassment, and persons that she worked with thought less of her because of the allegations made against her,” the suit says.
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