SCRANTON – Lackawanna County and its prison have denied allegations that they unlawfully removed a gay female corrections officer from her work, placed her on administrative leave and terminated her from her job – instead countering that disciplinary infractions and a conflict of interest led to the events in question.
Krista Purvis of Carbondale first filed suit in the U.S. District Court for the Middle District of Pennsylvania on Dec. 1 versus Lackawanna County and Lackawanna County Prison, of Scranton.
“Plaintiff is a gay (homosexual) female. Plaintiff was employed with defendant for approximately five years in total, being originally hired in May of 2017, but she spent her last approximate two and a half years of employment working for defendant within the Lackawanna County Prison. Effective on Feb. 10, 2020, plaintiff was hired within the LCP as a Lieutenant,” the suit said.
“Plaintiff performed so well that she was elevated (and promoted) twice within her first year of employment. She was initially elevated to the position of Acting Captain, and then by August 2020, as Deputy Warden for Treatment. Plaintiff worked very hard to establish procedures, treatment processes, oversight, counseling and other programs within defendant. Plaintiff had many accomplishments – and from a performance standpoint – performed her job and role in a stellar manner.”
The suit added that Warden Timothy Betti had exhibited and condoned gender bias throughout Purvis’s employment, including being responsible for rumors of the plaintiff pursuing a lesbian relationship with a co-worker, despite the fact that Purvis was and remains married, there was no evidence of such a relationship, and continuing to scrutinize, target and question her because she is a lesbian female.
Purvis took these discriminatory complaints and a litany of others to prison officials, but indicates that ultimately nothing substantive was done to correct and address them.
In March, Purvis alleged her termination was premeditated and executed due to her receiving a small package from an inmate’s wife, which contained a religious necklace with a crucifix and a wedding band.
A subsequent letter submitted to prison officials claimed that Purvis was showing favoritism to the inmate in question, bringing contraband into the prison, despite the fact that the necklace in question is not a contraband item and failing to cooperate with an investigation. The resulting hostility caused Purvis to take a sabbatical from her job through the Family and Medical Leave Act.
Purvis filed a charge with the Equal Employment Opportunity Commission in May and participated in due process hearing following the end of the leave, on June 14. The suit says she was then terminated the following day, June 15.
“Plaintiff’s harms and damages are extraordinary. She grew up, worked in and loved the Lackawanna County area. She was a dedicated public servant who worked very hard. But following her termination from employment, there was massive news and online publicity casting her as some virtual criminal who showed favoritism to inmates, tried to obtain contraband and who abused her political ties within the municipality. Plaintiff has suffered irreparable harm to her career, reputation and image,” the suit stated.
“In reality, defendant terminated a public servant who tried to, for nearly two months, correct institutional basis and discrimination for a completely absurd, made-up and nonsensical reason. The pre-textual rationale was so absurd, defendant had tried to compound the excuse with feigned claims that plaintiff wasn’t cooperative. Defendant never attempted to mitigate the public harm to plaintiff with the truth of what had occurred from January-February of 2022. Instead, defendant perpetuated negative publicity about and concerning plaintiff to justify its retaliation and to discourage plaintiff from seeking further legal redress.”
UPDATE
The defendants answered the complaint on Feb. 13, charging that, contrary to her allegations, Purvis was promoted twice within a six-month period of time following the start of her employment, first to Acting Captain of Treatment on June 15, 2020 and then later to Deputy Warden of Treatment on Aug. 8, 2020.
Moreover, the defendants countered that the plaintiff reported no instances of harassment during her time working for them and in fact, had been the subject of discipline due to her own conduct and creating a conflict of interest.
“To the contrary, Purvis, herself, had been previously disciplined by the County for misconduct pursuant to County and Prison policies regarding sexual comments that she made. On Oct. 12, 2021, while at a Shift Commander Meeting held at the Prison, Purvis made a derogatory sexual comment involving two locally-elected public officials. Purvis’ sexual comment was made in front of various Prison management officials and subordinates. Following this comment, Purvis was disciplined for her conduct, which was determined to be highly unprofessional, offensive, and unbecoming of a Deputy Warden,” the answer stated.
“On Dec. 15, 2021, a report was made to County officials that Warden Betti had received a report from the Deputy Warden of Security regarding a potential conflict of interest by Purvis. The Deputy Warden of Security reported that Purvis was rumored to be involved in a romantic relationship with Theresa Hernandez, an employee of Wellpath, LLC, the Prison’s medical provider. The Deputy Warden of Security also reported that he had previously heard Purvis make a sexually vulgar comment about Hernandez at a Prison management meeting, alluding to a romantic relationship. Prison officials were also concerned when both Purvis and Hernandez called off sick on the same day, failing to attend an important Wellpath meeting, as Purvis is the Deputy Warden overseeing treatment and Hernandez is the head policymaker for Wellpath on-site at the Prison. Prison officials suspected that Purvis and Hernandez were, instead, at a certain hotel together, not on sick leave as reported.”
The answer further provided three affirmative defenses on the defendants’ behalf.
“The allegations contained within plaintiff’s complaint fail to state a claim upon which relief can be granted for a claim pursuant to Title VII of the Civil Rights Act of 1964. The allegations contained within plaintiff’s complaint fail to state a claim upon which relief can be granted for an award of punitive damages. The allegations contained within plaintiff’s complaint are barred by the applicable statute of limitations,” per those defenses.
For counts of retaliation, discrimination and hostile work environment through violation of Title VII of the Civil Rights Act of 1964, the plaintiff is seeking the creation of a policy prohibiting such discrimination, compensatory professional damages, punitive damages, other equitable and legal relief as the Court deems just, proper and appropriate, costs, expenses, reasonable attorney’s fees and a jury trial.
The plaintiff is represented by Ari R. Karpf and Christine E. Burke of Karpf Karpf & Cerutti, in Bensalem.
The defendants are represented by Dana M. Zlotucha of Kreder Brooks Hailstone, in Scranton.
U.S. District Court for the Middle District of Pennsylvania case 3:22-cv-01907
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com