Guards file second lawsuit; claim first led to harassment

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Guards file second lawsuit; claim first led to harassment

Say prison officials targeted them after toxic mold allegation.

By Joe Mc | Of the Morning Call

November 27, 2008

http://www.mcall.com/news/local/all-

b6_3bias.6685112nov27,0,3999917.story?track=rss

Two Northampton County prison guards have filed a second lawsuit

against the prison, claiming they've been harassed ever since they

filed a first suit alleging exposure to a ''massive infestation of

toxic mold'' at the Easton prison complex.

Six guards at the Northampton County Prison filed the original suit

in county court three years ago, claiming their health was suffering

from exposure to mold that appeared because of a sewage leak.

The most recent suit, filed Monday in federal court in town on

behalf of Ferraro and Todaro, claims they were

repeatedly referred to a prison psychiatrist for

evaluation ''without any reasonable basis,'' incorrectly cited for

violation of work rules when other guards were not cited for similar

conduct, and suspended without pay for a total of 86 days,

collectively.

Ferraro and Todaro, both of Nazareth, were subjected to ''absolutely

picayune disciplinary actions against them,'' said ph Welsh,

senior paralegal for civil rights matters at the Karoly law firm in

South Whitehall.

The suit claims they were repeatedly told by their supervisors to

stop asking questions, that their work areas were safe and were told

that any further reports regarding mold at the prison would be

considered insubordination.

''Why they singled these two out of the six, I assume, is they are

looking at them as ringleaders, for lack of a better word,'' Welsh

said.

Corrections Director Todd Buskirk, one of the defendants in the

suit, said he was unable to discuss the suit.

''I haven't been served with the paperwork so I can't comment at

this time,'' he said.

County solicitor Karl Longenbach also said he had not seen the suit.

Besides Buskirk, the suit names as defendants County Executive

Stoffa, Administration Director Conklin and Human Resources

Director Connie Sutton-Falk.

According to the suit, the defendants caused emotional distress,

psychological trauma and psychic pain and suffering to Ferraro and

Todaro.

The suit seeks damages in excess of $150,000 and a similar amount in

punitive damages.

The initial mold suit, filed Nov. 18, 2005, is pending, Welsh said.

In addition to Ferraro and Todaro, the plaintiffs in that suit are

prison guards Craig Schrader of Center Valley, Skorsky of

Palmerton, of Bethlehem and Quinter of Nazareth.

According to the suit, a drainage system problem caused leaking

sewage to collect in the floor and walls, which created the

environment for toxic molds to grow.

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