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CCA Sues City For Not Repping Capts.

By REUVEN BLAU

MARTIN F. HORN: Tailoring suit representation?

The Correction Captains' Association last week sued the Bloomberg administration, challenging the Correction Department's refusal to indemnify two Captains being sued by inmates alleging abuse even as the agency is representing superior officers involved in the incident.

"This is my Happy New Year's to Commissioner [Martin F.] Horn," asserted CCA President Peter D. Meringolo, who has frequently been at odds with the agency leader.

'Obliged to Defend'

Mr. Meringolo has long argued that the department should indemnify all of its members who are sued by inmates filing "unsubstantiated" complaints. "The city has an obligation to represent the people that do the job every day of care, custody, and control of incarcerated inmates," he contended.

Mr. Meringolo, who officially retired last week, hopes that the suit works to completely change the department's longstanding policy, which has caused the union to spend additional money to defend Captains in cases where criminality is alleged. "The city has an obligation to defend its work force," he argued. "I will not tell Captains to get their own lawyers and spend their own money."

PETER D. MERINGOLO: Unjustifiable exclusion.

The case at issue stems from an Oct. 5, 2005 incident at the department's Anna M. Kross Center on Rikers Island, which occurred after an officer was slashed by another inmate. A newly appointed Correction Captain, Anastasia Henderson, was arrested in January and charged with lying about what happened.

Captain Henderson was charged after a tape from a videocamera, which sources said was initially turned off under suspicious circumstances, showed her standing nearby as Correction Officer Joseph Collins punched another inmate in the face. Mr. Collins was arrested and charged with assault.

Representing Wardens

The inmates involved in the incident have also sued Mr. Horn, several wardens, and Captains Martin Almonte and Cheryl Lennon. The city's Corporation Counsel has decided to provide legal representation for Mr. Horn and the wardens, but has denied coverage to those Captains.

That decision was made "even though they would all be covered by the same investigation by the Bronx District Attorney," the CCA suit stated.

A Law Department spokeswoman said the agency had not yet received the complaint.

Union Covers Cost

The CCA is covering the cost of the Captains' legal fees, Mr. Meringolo said. "The cost for providing such legal representation is expected to be great and will be a financial hardship for the CCA," the complaint states. "The refusal of the respondents to provide legal representation to petitioners Almonte and Lennon in the underlying action is arbitrary and capricious and an abuse of discretion."

Under the General Municipal Law, the Corporation Counsel has the power to decide not to represent an employee if that worker violated any rules or regulations of the employing agency, or if disciplinary complaints are pending from the incident.

But Captains Almonte and Lennon have not been charged with breaking any rules, the suit noted. "Nor has the Bronx District Attorney's Office charged them with any wrongdoing for the alleged incident," the complaint added.

According to the suit, those Captains weren't even at the facility or on duty at the time the fight broke out. "There is no defense for respondent's arbitrary and capricious actions," the complaint contends.

A 20-Stitch Slashing

The incident involving Ms. Henderson began after an inmate used his watch to cut an officer's chin, which needed more than 20 stitches. While the prisoner was subdued, the department sent a specialized response team to the area and locked down the unit.

DOI began examining what occurred after several inmates formally complained that they had been assaulted by officers who were angered by the slashing. Based on the recovered videotape, investigators determined that Captain Henderson was in close proximity to Officer Collins when he was seen hitting the inmate.

Correction Officers are only allowed to use force that is commensurate to the level of threat they are facing. But union officials and veteran officers have long asserted that in the heat of the moment it is difficult for officers to measure the seriousness of an attack.

Mr. Meringolo maintained he would do everything he could to ensure that the lawsuit moves forward under the new union leadership. "This will be another monumental win for the union," he predicted. "The city has dropped the ball on their obligation. The policy is wrong and inhumane. Aren't we innocent until proven guilty just like the inmates?"