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Workers' Compensation

South Carolina Judge Rules On Executioner’s Suit

Charleston workers’ compensation lawyers want you to know that a judge has ruled in favor of South Carolina’s corrections agency in a lawsuit brought against the state agency by prison employee. The worker alleged that he was threatened to perform prisoner executions or loose his position at the agency.

The employee, a 22-year-old major in charge of the SWAT team, along with another worker, a security division major, sued the South Carolina Department of Corrections in 2007 for being forced to perform executions. The men alleged that they did not receive proper training for the executions and counseling was not made available to them after the executions.

The plaintiff alleges that he told the Corrections Director that he did not want to partake in the executions. According to the worker a transfer would have resulted in a pay grade reduction and loss of his state-issued vehicle. He was forced to execute 8 inmates before taking disability retirement in 2007.

U.S. District Judge Cameron Currie wrote in a federal court order filed Tuesday, March 16, that the employee’s argument was not strong enough and that he did not show enough evidence that his first amendment right of free speech had been violated. His South Carolina attorney said that they respected the judge’s decision but they do plan to appeal.

Source: The Post and Courier- “Judge nixes executioner’s suit.” March 18, 2010

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