Three former guards alleged CoreCivic didn't allow them to wear masks or take other precautions in March 2020, but a judge ruled in their employer's favor
Two detention officers at Otay Mesa Detention Center have filed separate lawsuits against the facility’s operatorCoreCivic asked the judge in a 2,300-page motion to dismiss the cases, arguing the company did take proper steps to protect its employees in line with quickly evolving government recommendations and regulations.
Josh Gruenberg, a San Diego employment attorney who represented the three plaintiffs, said he and his clients were disappointed in the ruling and planned to appeal to the federal circuit court. But the judge ruled that none of the three employees — Margarita Smith, Gregory Arnold and Erica Brooks — knew the working conditions at the time of their resignations, because each had been on leave for weeks before resigning. The judge wrote that safety standards at the facility changed while the former guards were on leave, and that the constructive discharge argument hinged on the conditions when they resigned, not when they went on leave.
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