Home subscribe manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Wed Thu Fri Sat Sun Mon Tue

News
Nov. 01, 2007
Copyright © Las Vegas Review-Journal

ABRUPT RULING: Sex discrimination case dismissed

Judge makes decision only minutes before jury deliberations were to begin

By ADRIENNE PACKER
REVIEW-JOURNAL

U.S. District Judge Kent Dawson stunned jurors Wednesday when he dismissed a sexual discrimination lawsuit after three days of testimony and just minutes before the jury was to begin deliberating.

Dawson said he saw no concrete evidence of sexual discrimination against Nancy Reilly, a one-time lieutenant at the Nevada High Desert State Prison. He called the behavior of the prison's then-warden and associate warden "boorish," but said it wasn't significant enough to cause emotional distress.

Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

Most Popular Stories
  • NORM: Phelps galpal gets exposure on Web
  • NORM: Robin Gibb in airport standoff
  • NORM: Web site shows life of Mazzeo
  • NORM: Britney-LV buzz hard to nail down
  • NORM: Wynn coveted cathedral's land
  • Las Vegas police use saturation strategy to cool 'hot spots' of crime
  • DOUG ELFMAN: Comedian says his arrest a joke
  • 2-year-old boy dies in dog attack
  • Fresh-faced trio wows throng of youthful fans at MGM Grand
  • DOUG ELFMAN: Cab, limo drivers take pulse of tourists



    • "The court has issued a ruling to conclude the case," Dawson pronounced.

    Outside the federal courthouse, jurors said they were disappointed with the judge's decision.

    "At least let us hear the closing statements and do our duty," said Eddie Lam, who along with his co-jurors said Wednesday's testimony was the most significant heard since Monday.

    When asked whether he planned to appeal Dawson's abrupt and unexpected decision, attorney James Boles replied tersely: "You can take that to the bank."

    The judge's decision could have far-reaching effects on female corrections workers harassed on the job, said Larr Green, Area South Vice President of the Nevada Corrections Association.

    "The female employees will be a lot less likely to file a complaint," Green said. "These people are going to say, 'No way, Larr, you can't protect me.' "

    Reilly, who resigned from her post in December 2002, was upset that the jury did not have the opportunity to sort out the testimony and facts presented in the case to come to a verdict.

    "We established they lied and the jury didn't get to decide it," Reilly said. "I thought we had the jury on my side."

    Reilly, 59, had filed the lawsuit against the state of Nevada, warden James Schomig and associate warden Charles McBurney, more than three years ago, alleging the two administrators harassed her constantly while she worked at the prison. The harassment reached a new level when the two men authorized the prison dentist to conduct a "security check" during Reilly's shift, Reilly alleged.

    Reilly testified earlier in the week that she was called to the infirmary on Oct. 3, 2002. She was met there by dentist Georgene Chase, who escorted her into a private room. Inside the room was an inmate armed with a 4-inch scalpel.

    Unarmed and alone, Reilly said she was terrified that the inmate would take her and Chase hostage. On Reilly's waist was a ring of keys that would open every secure door in the prison.

    The incident occurred 10 minutes after Reilly's shift started. A male employee had overseen the prior shift.

    Schomig and McBurney took the stand Wednesday and denied authorizing the fake security breach.

    "In this case, it was never authorized, and I never knew nothing about it," said McBurney, who has since left the prison and is working for the Department of Corrections in California.

    Furnishing a weapon to an inmate is a felony.

    Juror Melissa Ancona said she did not find McBurney or Schomig to be truthful.

    "I didn't believe them for one second," said Ancona, who took 11 pages of notes during the three-day trial. "I felt there was harassment."

    Chase told jurors earlier in the day that she believed Schomig and McBurney would think the security check was a good idea. She said she had prior conversations with the men about dental and medical tools found in inmates' cells.

    She placed the packaged scalpel in the sock of the inmate, who went out to the prison yard and returned without security officers detecting the weapon despite pat-downs. Chase explained that she called the lieutenant on duty to describe the poor job the security staff had done.

    Chase told jurors that the incident was exaggerated.

    During her testimony, Chase repeatedly said she was a "team player." When Boles pressed her on what team she was on, Chase snapped: "The State of Nevada, Mr. Boles. That's who employed me."

    Although she believed the incident was "blown way out of proportion," Chase said she was told to resign or face felony charges. In late October 2002, Chase was escorted off the prison property and never returned.

    Reilly said Schomig berated her for filing a report on the scalpel incident and called her during her personal time off, accusing her of undermining his right-hand man, McBurney.

    Schomig said he phoned Reilly to check on her well-being. He said he was surprised that she took personal time off after the incident, adding that corrections officers find weapons in cells all the time.

    "These employees don't go home all stressed out about it; it's part of their jobs," he said.

    McBurney also testified that he had an open-door policy that extended to his only female lieutenant, but Reilly testified that McBurney would not speak to her when she came to him with concerns.

    Contact reporter Adrienne Packer at apacker@reviewjournal.com or (702) 384-8710.



    Leave Your Comment 15 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Good Luck wrote on November 24, 2007 12:45 AM: Both of these guys are guilty and I wish Nancy good luck in her appeal. Have some people from Illinois help with your appeal and you will win. Check out the history those two had at PCC


    Norma Price wrote on November 06, 2007 03:08 PM: A dirty little secret of Nevada Department of Corrections and of the Department of Public Safety is that women employees are sexually harassed on the job, lots of times also by their fellow female supervisors because they do nothing to defend the practice once they get promoted. Pornography is often used to "calm" the male prisoners, but I suspect the guards get off on seeing women suffer and put in positions of being chattel and objects of dirision.
    Shame on Judge Kent Dawson for not seeking the truth.


    Sammy wrote on November 05, 2007 03:09 PM: Sounds like old lugie or luker or mabey lunker ??? Did you hate your mommy bobby???


    HD wrote on November 03, 2007 02:27 PM: What is what this so called judge??? The jury is ready to deliberate and this judge dismisses the case! Nancy Reilly did not have a chance. What a shame. There needs to be someone to look into the behavior of this judge. Also they need to investigate the NDOC. Too much has been going and the people who care are not getting anywhere.


    BusinessAsUsual wrote on November 01, 2007 05:52 PM: The NDOC is unbelievable. The upper administration are such liars. They set people up on false criminal charges. They harass the staff. They refuse to give the inmates medical care. They hide the mentally ill inmates in lockdown units. They violate every rule of civilized society, including severe racism and sexism. They hide abuses going on in their prisons every day. That judge needs to be disciplined.


    Vegas Quixote wrote on November 01, 2007 02:47 PM: Judge Dawson is just part of the "stacked deck" in this town. Nevada doesn't have justice, it has "just-us." As a former NDOC staffer, I believe harassment and bullying are commonly used by administrators. As one supervisor told me, the only rules applied here are those the administration wants to apply. Would the RJ do an article on NDOC? I don't think so. Will the LA Times have to do a feature on NDOC? When will the Feds come in?


    darioelsancho wrote on November 01, 2007 07:59 AM: I worked there at the time. I had many years with the department & by far, at that time, High Desert State Prison was the worse prison to work for. I thought Jackie Crawford's lovelock Correctional Center was a security joke, but HDSP was worse. Schomig & Mcburny are only interested in one thing, themselves; screw everyone else. I knew Nancy Rielly, I didn't agree with some of her decisions, but that day was wrong. In Ely State Prison, that dentist would have been severly disciplined and charged. The past will catch up with schomig & McBurney and they better be ready. They're luck not to be locked up for some of the things they have done...


    DaveR wrote on November 01, 2007 07:57 AM: Sounds to me like the security search was known and authorized by Associate Warden McBurney; ""In this case, it was never authorized, and I never knew nothing about it," said McBurney""

    Since we ain't in New York, that's a double negative,making it a positive. Sounds like a confession on the witness stand to me!


    ScottyWrangler wrote on November 01, 2007 07:47 AM: Women don't belong at men's prisons (and vice versa). And before you get all excited, I'm a woman.


    Mark wrote on November 01, 2007 06:56 AM: I'd never hire a woman or minority, for fear of a lawsuit.


    Read All Comments