By PATRICIA DOXSEY
Freeman staff
pdoxsey@freemanonline.com; twitter.com/pattiatfreeman.com

KINGSTON, N.Y.  — A federal judge has tossed out the jury verdict in a sexual harassment and assault lawsuit brought by a female corrections officer against the county, former Sheriff Richard Bockelmann, Sheriff Paul Van Blarcum and a former corrections officer.

In a ruling handed down Monday, Senior U.S. District Court Judge Frederick Scullin said Amy Negron could seek a new trial on her claim that the county created a hostile work environment after 2006, or accept an $80,000 settlement — a far cry from the $465,000 awarded by a jury after an eight-day trial.

But he granted the county’s motion to dismiss in full Negron’s claims that the county created a hostile work environment, that Negron was subject to disparate treatment, or that she was retaliated against by jail officials for filing sexual harassment claims against the jail officials, saying there was little evidence in the court record to support the jury’s findings.

Amy Negron Court Decision

Negron filed the lawsuit in 2008, claiming that male officers at the Ulster County Jail congregated in senior offices looking at pornographic and sexually offensive material on senior officers’ computers, left pornographic and sexually explicit material lying around the workplace, made sexually suggestive remarks to her and about other corrections officers and inmates, had naked woman as computer screen savers and would often “zoom” visiting room cameras on female visitors’ breasts.

She claimed that the county and jail officials, due to their inaction, created an environment where sexual harassment thrived, and that officials retaliated against her for complaining by assigning her to “less than desirable jobs.”

The jury ordered Bockelmann and Van Blarcum to each pay Negron $30,000, former corrections officer Paul Wesolowski to pay her $15,000 and the county to pay $395,000.

In dismissing the jury verdict, Scullin said Negron’s own trial testimony, in which she stated she didn’t find any conduct prior to 2006 “offensive ... defeats her hostile work environment claim ... on incidences that occurred prior to December 2005.”

And he said “no reasonable jury” could conclude by the testimony during trial any wrongdoing or complicity by Bockelmann, Van Blarcum, or the county.

Negron also claimed in her lawsuit that former corrections officer Paul Wesolowski sexually assaulted her on the job. Continued...

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Wesolowski was fired following an administrative hearing on those charges. In a counterclaim, he denied the allegations and argued that his firing was in retaliation for filing a complaint about the treatment of an inmate by another officer.

The federal jury ordered Wesolowski to pay Negron $15,000 in connection with her claim, but also found his firing was retaliation for filing the complaint, and awarded him $35,000.

The judge dismissed both the jury verdicts. However he did grant Negron and Wesolowski the ability to seek new trials in connection with the sexual assault allegation. 

Attorney Michael J. Kelly, of Roemer Wallen Gold & Mineaux, said the judge’s order “vindicated” the county. Kelly represents the county in the case.

“The court found there was no basis for the jury to decide the county failed to act appropriately ... and it also found no basis for her claim that she was treated differently than other employees,” said Kelly. “The court also found there was no basis for any claim against (Sheriff) Paul Van Blarcum and (former Sheriff) Richard Bockelmann.

Attorneys for Negron and Wesolowski could not be reached for comment Monday.

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