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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Former executioners sue prison officials; Claim they were not trained to kill right
#7784809 - 12/21/07 08:31 AM (16 years, 1 month ago) |
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http://greenvilleonline.com/apps/pbcs.dll/article?AID=/20071220/NEWS01/312200002/1004/NEWS01
COLUMBIA -- Two former state executioners have filed federal lawsuits against the prison system’s top officials, alleging the executioners weren’t trained and were forced to execute inmates or lose their jobs and rank as majors.
Terry Bracey and Ira Craig Baxley, who both worked for the prison system for more than 20 years, filed suits against Jon Ozmint, director of the state’s prison system, and Robert Ward, director of operations for the agency.
Both executioners retired from the department on disability and have pending workers’ compensation claims against the agency, according to their attorney, Lewis Cromer, a Columbia lawyer who has represented government whistleblowers.
A spokesman for the prison system said he was aware of the lawsuits. "Anyone can file a lawsuit filled with false allegations," spokesman Josh Gelinas said. "Some lawyers will file them and send out a press release announcing it."
Cromer issued a press release about the lawsuits on Wednesday.
The suits paint a gruesome picture of executions in the state and allege "accidental malfunctions of death apparatus." Most of the executions in the state over the past decade have been by lethal injection, but at least one was done using the electric chair, according to the suits.
Both men alleged they were forced to act as executioner "against their will" although they said the agency labeled the job as voluntary.
Neither man was trained or prepared for using the electric chair, the suits allege, "with its shocking smell and scene of agony."
And neither man was offered counseling, the suits allege.
"Although these executions were barbaric, gruesome and repulsive to the plaintiff, he continued to perform them under the implied threat by the defendant Ward that such service was necessary if he was to continue to act as team leader and to receive the salary supplement and other benefits of his major’s position," Baxley’s suit alleges.
Baxley killed eight inmates as executioner, according to his suit, and participated in two other executions.
Baxley’s suit alleges that in one execution the "plaintiff was exposed to poison, blood and a horrible death scene where the lethal syringe came out of the inmate’s arm during the execution."
Baxley alleged that some executions were carried out in which he alone did the executions.
Bracey alleged that he was identified as the executioner, though their identities weren’t supposed to be made known.
A third executioner who didn’t wish to do the job voluntarily later committed suicide, the suits allege.
Bracey alleged in his suit that the executioners’ treatment by Ozmint and Ward constituted "emotional distress and treatment so severe that no reasonable person should be required to endure it."
Both men also alleged that they made allegations about a worker displaying and transmitting pornography on agency computers to Ward and Ozmint in the spring of this year and that Baxley was then identified to the worker as one of the persons making the allegations.
According to the suit, the worker subsequently created a "hostile work environment."
Baxley sent an email to Ozmint voicing concerns about being forced to be an executioner, the lawsuit alleges.
"Ozmint responded that if he did not like it, he could transfer (losing his position and supplement) and additionally if he was being treated badly by (the worker), he could do something else," the suit alleges.
Baxley alleges Ward and Ozmint "began a ruthless and unrelenting campaign of retaliation, harassments, threats and criticisms ultimately and proximately resulting in the plaintiff’s physical and emotional collapse."
Baxley is seeking $1 million in damages, and Bracey is seeking $5 million.
The pornography allegations were the subject of an internal investigation that resulted in two prison managers being suspended, officials said earlier this year. The agency’s investigation was subsequently turned over to state Attorney General Henry McMaster.
The State Law Enforcement Division and the Legislative Audit Council were asked this summer to look into a variety of allegations concerning the prison system by a Senate subcommittee headed by Sen. Mike Fair of Greenville.
Ozmint labeled the allegations then as "reckless and false."
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Former executioners sue prison officials; Claim they were not trained to kill right [Re: johnm214]
#7784818 - 12/21/07 08:35 AM (16 years, 1 month ago) |
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I have a feeling I'm going to disagree w/ folks here on this one. I happen to think lawsuits are and should be an important force to change social and economic policy.
Presuming the allegation can be substantiated, I think these folks should recover some damages. Due to them waiting (not mitigating) their damages should be less than they actually incurred, and in neither case should they be awarded millions, but it is not hard to believe they suffered trauma and wrongful treatment if every allegation in this article can be proven.
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
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Re: Former executioners sue prison officials; Claim they were not trained to kill right [Re: johnm214]
#7784830 - 12/21/07 08:40 AM (16 years, 1 month ago) |
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This is difficult... It is hard to see an award to the executioners as anything short of blood money. At the same time, if allegations are true, then there are some pretty serious issues with the system, and they deserve to be compensated for their medical expenses, at a minimum. The issue is even more difficult for me, as I am 99.99% against the death penalty. (I only support it as stated in the US Constitution as a punishment for treason.)
-------------------- Just another spore in the wind.
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