PHILADELPHIA – More than a dozen members of an independent union of corrections guards in Delaware County contend they were terminated without cause or due process after the County resumed control of their workplace, George W. Hill Correctional Facility, in 2022 and tried to disband their union.
Delaware County Prison Employees Independent Union filed suit in the U.S. District Court for the Eastern District of Pennsylvania on March 21 versus Delaware County, Pennsylvania, the Jail Oversight Board of Delaware County, Pennsylvania, George W. Hill Correctional Facility, Kevin Madden (individually and in his official capacity as Delaware County Councilman and Chair of the Jail Oversight Board), Warden Laura Williams (individually and in her official capacity as chief administrator of the George W. Hill Correctional Facility) and Cheyenne Marquette (individually and in her official capacity as Human Resources Manager of the George W. Hill Correctional Facility).
Members of the DCPEIU included Frank Kwaning (its president), Ashley Gwaku (its vice-president), Kenneth Demonfonte, Najah Branham, Ian Lofton, Morris Maanneh, Abdoul Diallo, Dejah Henry, Malverna Hymann, Komla Amouzou, Francisca Veney, Nathaniel Savage and Charles Sevor, Onyx Robinson and Matthew Wiedman.
“From about 1998 to 2022, the public services of the George W. Hill Correctional Facility in Delaware County Pennsylvania were under private administration by Community Education Centers, Inc./The Geo Group. Prior to 1998 when Geo assumed control of the public administrative functions of the jail, the jail was administered directly by Delaware County, Pennsylvania. The George W. Hill Correctional Facility under Geo's management employed around 308 Corrections Officers. The Collective Bargaining Unit of the Corrections Officers of the George W. Hill Correctional Facility is the Delaware County Prison Employees Independent Union,” the suit says.
“Prior to Geo’s management and administration of the George W. Hill Correctional Facility on behalf of Delaware County Pennsylvania, a Collective Bargaining Agreement (CBA) existed between DCPEIU and Delaware County. For the duration of Geo’s operation of the George W. Hill Correctional Facility on behalf of Delaware County Pennsylvania, a Collective Bargaining Agreement (CBA) existed between Geo and DCPEIU, with the most recent incarnation of that agreement covering the years 2017 through 2020. The CBA outlines the terms and conditions of employment for the Correctional Officers of the George W. Hill Correctional Facility. On about April 6, 2022, Delaware County Pennsylvania re-assumed direct control of the George W. Hill Correctional Facility. By re-assuming direct control of the George W. Hill Correctional Facility, Delaware County assumed the management functions of the jail. On about Jan. 31, 2022, the County Commissioners appointed defendant Williams to serve as Warden of the George W. Hill Correctional Facility.”
The suit adds the corrections guards named above, members of the DCPEIU, were fired from their positions after Delaware County reassumed operational control of George W. Hill Correctional Facility in 2022.
“Upon re-assuming direct control of the Jail and assuming operational responsibilities, defendants, led by defendant Williams, systematically targeted roughly 68 individuals who they terminated absent any notice, hearing, charge or due process whatsoever. The individuals terminated by defendants were all employees in good standing, meaning no employee was facing a disciplinary sanction that would have led to or supported termination,” the suit states.
“Where an employee of a private company subcontracted by a public entity to perform a public service have a ‘just cause’ termination clause in their CBA, those employees have a due process property interest in their jobs and may not be terminated absent notice and opportunity to be heard.”
However, such an opportunity was not granted to the guards in questions, the suit alleges, and adds these terminations allegedly resulted from the generation of a “hit list” that Williams used to target members of the DCPEIU, including Kwaning and Gwaku.
The suit claims that defendants failed to put in place policies which would protect the correctional facility’s workers and their rights, and that a proper transition of facility control was not effectuated between the Geo Group and Delaware County.
For counts of violating the Due Process Clause of the Fifth and Fourteenth Amendments to the U.S. Constitution, violating the Freedom of Speech, Right to Petition and Freedom of Association Clauses of the First Amendment to the U.S. Constitution, violating 42 U.S.C. Section 1983 through retaliation, violating Monell, intentional infliction of emotional distress and conspiracy, the plaintiff is seeking, jointly and severally, damages in an amount to be determined at the time of trial, plus interest, punitive damages, equitable damages, liquidated damages, statutory damages, attorney’s fees, costs and disbursement of action under 42 U.S.C. Section 1988 and otherwise, and for such other relief as the Court deems equitable, just and proper.
The plaintiff is represented by Timothy Prol of Derek Smith Law Group, in Philadelphia.
The defendants have not yet retained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:24-cv-01215
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com