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Judge rules on motions in ex-warden’s upcoming trial

Tom Duran files suit against county alleging discrimination

From staff reports

WILLIAMSPORT–A federal judge has delineated what a former Clinton County Correctional Facility Warden Thomas V. Duran may or may not bring into his upcoming trial over his 2012 termination.

U.S. Middle District Chief Judge Christopher C. Conner Wednesday issued the ruling in Duran’s suit against the county that is scheduled for a jury trial Aug.12.

Duran contends his termination stemmed from a discriminatory animus toward his disabilities while the county claims he was fired for poor management of the prison.

The suit alleges retaliation in violation of the Family Medical Leave Act and the Americans with Disabilities Act along with age discrimination.

Conner’s ruling will allow Duran to call Connie Eck as a witness to support his theory the county discriminated on the basis of disability.

Eck, a corrections officer, was terminated April 16, 2012, because “she could perform the job.”

The firing occurred about a month after she submitted a doctor’s note stating symptoms of “longstanding anxiety and depression” limited her to a 40-hour work week schedule. She was working six days a week at night at the time.

Conner noted the similarities of the prison board’s treatment of her and Duran.

He pointed out Duran in October 2012 was suspended with pay for the duration of his employment contract and then terminated about three weeks later after the warden was provided notice shoulder surgery would require medical leave.

“Both Duran and Eck were fired in close temporal proximity to when they identified their disabilities and need for accommodations, and their respective discharges were approved by the same commissioners acting on behalf of the county,” the judge wrote.

Duran also will be allowed to introduce evidence he worked from home as a reasonable accommodation under ADA but the county will be able to renew its objection to that at a more appropriate time.

The judge also is allowing under the same circumstance evidence of Commissioner Jeffrey Snyder’s alleged discriminatory animus.

The county points to Duran’s deposition testimony when he indicated he was speculating Snyder terminated him because of his disabilities.

Conner found the county’s request to bar the evidence was overly broad and premature but gave it the right to raise the objection again during Duran’s trial testimony.

Duran’s motion for sanctions due to lost emails was denied. At issue was county employee Ernie Jackson on June 20, 2014, inadvertently pushing the wrong button during server maintenance.

It caused a “catastrophic loss” of the county’s email system that affected all departments. Among the destroyed emails were those Duran requested for the period Jan. 1 to Dec. 21, 2012, relative to his termination.

There is nothing in the record that indicated the loss of the emails was result of anything other than an inadvertent error during server maintenance, Conner wrote.

His opinion bans testimony and evidence regarding the destruction of the emails because it might cause confusion and result in undue delay at trial.

In conjunction with that ruling the judge quashed subpoenas issued to Jackson and Suzy Watson who Duran wanted to testify about the destroyed emails.

Duran was warden from 1993 to 1997 and from 2000 to 2012.

Throughout his tenure he had significant health issues that required surgery and caused him at times to work from home through the use remote cameras and the installation of broadband Internet, both of which were paid by the county.

He also was permitted to use a golf cart on prison grounds and a mobile scooter inside.

The following are among the issues the county in a court document states were factors in Duran’s termination:

∫ Failed to complete as requested looking into possible over billing for prison medical services by Clinton Medical Associates and a doctor performing surgical procedures on inmates that was not part of his contract.

∫ Did not adequately negotiate the daily rate to house state Department of Corrections’ prisoners.

∫ Submitted a proposed budget for 2013 of $3.2 million that was an increase from $1.9 million.

∫ When asked for suggestions on what costs could be trimmed, there was no response.

The decision to terminate Duran was made when the prison board questioned him about the budget and he shrugged his shoulders and said “it’s up to you guys,” the filing states.

Duran was suspended with pay Oct. 24, 2012, and his contract was not renewed when it expired that Nov. 5.

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