In the past six years, the state has paid out more than $719,000 to settle or honor jury awards in at least eight lawsuits alleging rape and sexual harassment by prison employees, according to state records. In addition, a state audit warned prison officials in 2002 that they needed to drastically improve the way they treated sexual misconduct or face continued complaints and expensive lawsuits.
One of the eight settled claims involved the rape of a female inmate by a male corrections officer at the women's prison in Goffstown. The state settled that claim for $140,000 in January 2000.
The other seven cases were brought by employees alleging harassment or assault on the job. In one case, the family of former corrections officer Joseph Janowicz was awarded $99,000 in September 1999, eight months after Janowicz committed suicide. Before he died, Janowicz had filed a lawsuit in federal court against the prison alleging he had become suicidal after being sexually assaulted by a former supervisor.
Yesterday, a Concord lawyer filed a new civil claim against the prison system and former Sgt. Douglas Tower of Goffstown, accusing Tower of sexually assaulting three female inmates at the Shea Farm halfway house in Concord. Tower was arrested last week on charges he raped four female inmates, but they are not the same women who filed yesterday's lawsuit.
"It's a huge problem," said Rep. David Welch, who heads the House Criminal Justice and Public Safety Committee, which watches over the prison. "I think there are many things that don't see the light of day, that aren't reported to the higher-ups."
The attorney representing the women named in yesterday's lawsuit, Richard Lehmann of Concord, did not specify in his lawsuit what compensation his clients are seeking. According to settlement letters signed by the state attorney general's office since 1999, the previously settled cases have paid out awards ranging from $6,000 to about $209,000.
• In July 1999, prison employee Maureen Moran Fitzpatrick was awarded $10,000 in salary and benefits and $30,000 in attorney's fees and damages for alleged injuries stemming from her claims of sexual harassment and civil rights violations.
• In the case involving Janowicz, prison officials verified in 1996 his claims that his supervisor, Leo Martin, had grabbed his genitals and commented on their size. Martin was suspended for about a month without pay but allowed to return to work.
Before letting him return, prison officials issued Martin a letter of reprimand: "It is hoped that the suspension will impress upon you the need to act professionally in the work place and refrain from engaging in horseplay or other unprofessional conduct in the future."
• Attorney Francis Murphy of Manchester settled a claim for $140,000 against the prison in January 2000 on behalf of a female inmate who was raped by an corrections officer at the women's prison. The woman was serving a 30-day sentence for a driving while intoxicated conviction and was two days shy of release.
The officer, Martin Mullen, was convicted of the rape.
• In August 2000, prison employee Sherri White was awarded nearly $50,000 by a jury for her sexual harassment lawsuit against the prison. Her attorney, Michael Sheehan of Concord, received $63,500 in legal fees. White was the subject of rumors spread by her colleagues that implied she was having affairs with inmates, the jury found.
• In October, 2000, Sheehan settled another claim against the prison, this one alleging reverse sexual discrimination against employee John Miller. The state paid $6,000 to settle and cover attorney's fees and costs.
• Sheehan resolved another case a month later, for $48,500. In that case, Kathleen Lohnes Gauthier, a former corrections officer, alleged a supervisor repeatedly asked her for sex at work and commonly made an obscene gesture with his tongue toward her.
• In May 2001, Sheehan sued the prison again, this time on behalf of Nancy Clockedile for sexual harassment. A jury awarded Clockedile $129,000 plus interest after finding prison officials retaliated against her for filing a sexual harassment complaint. Sheehan received nearly $70,000 in attorney's fees.
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