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Lunatics are running the asylum: 9th Circuit reinstates harassment claim

August 2024 employment law letter
Authors: 

Mark I. Schickman, Schickman Law

Many of us watched with interest when the sexual assault convictions against Harvey Weinstein were overturned because the trial court admitted evidence of his misconduct that had nothing to do with the assault he was accused of. Here, the opposite occurred: The trial court excluded so much relevant evidence that the appeals court had to step in and reinstate the employee’s sexual harassment claim.

Crooked correctional officers engage in psychological warfare

Lindsay Okonowsky was a psychologist at the Bureau of Prisons’ (BOP) Federal Correctional Complex in Lompoc, California. She was assigned as the psychologist for the Special Housing Unit (SHU).

As the SHU psychologist, Okonowsky worked with custody staff to determine where inmates would be housed to avoid conflict and violence. She also conducted suicide risk assessments of incarcerated persons. If she determined a SHU inmate was at risk of self-harm, she could direct that the inmate be placed on suicide watch, which requires continuous, around-the-clock observation of the individual by custody staff and can only be terminated upon an assessment and recommendation of the clinical team. Okonowsky relied on SHU custody officers to take incarcerated individuals from their cells and transport them to their clinical appointments with her.

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