Former county juvenile detention middle nurse sues Decide Dellick | Information, Sports activities, Jobs
YOUNGSTOWN – A former Mahoning County Juvenile Justice Center nurse has filed a lawsuit in federal court against Mahoning County Juvenile Court Judge Theresa Dellick.
Austintown’s Sabrina Bolen lawsuit alleges that the judge protested Bolen and fired her on August 31, 2020 because Bolen was planning to take family leave due to pregnancy.
The judge meanwhile claims that Bolen was fired “because (Dellick) lost confidence in (Bolen) as an employee”.
At a hearing on Monday to discuss the matter, Judge Benita Pearson set up another hearing by phone for September 13 at 11 a.m., and put the deadlines through early 2022.
The lawsuit, filed in January, alleges that Bolen worked as a licensed practical nurse in Mahoning County Juvenile Detention Center from April 2016 through August 31, 2020.
At some point in August 2020, Bolen was dating a teenager who had been rushed to hospital because of a medical problem, the lawsuit said.
While the teenager was in the hospital, his mother and Bolen, unknown, visited him, she broadcast her visit on Facebook Live.
It is against the policy of juveniles in custody to use social media, the lawsuit said.
When Bolen discovered the teen was airing on Facebook Live, she told him he was not allowed to use his mother’s phone, but the teen replied that a correction officer told him it was okay, the lawsuit said.
Bolen later informed her supervisor of the incident, explaining that the detention center’s transportation policy did not specify how such an incident should be dealt with. Bolen “later drew up a protocol for adolescents in the hospital that became” Step 5 “of the (detention center) ‘s transport policy,” the lawsuit said.
Later that week, Bolen was put on paid administrative leave pending an investigation. She was released the following Monday. She was seven months pregnant and planned to take leave for the birth of her child under the Family Medical Leave Act, the lawsuit said.
She claims she was “treated more harshly and fired because of her pregnancy and for exercising her rights under the FMLA,” the lawsuit said. Her vacation request “constitutes an activity that is protected by the FMLA,” she adds.
The lawsuit alleges that Dellick fired her “because she was pregnant” and alleged “sex discrimination in violation of the Ohio Civil Rights Act.”
The lawsuit seeks economic and non-economic damages and legal fees.
A response to the lawsuit filed in February by an attorney for the judge calls for the lawsuit to be dismissed and denies Bolen’s claims that the teen’s mother broadcast her visit on Facebook Live.
It is denied that Bolen set up a youth protocol, but agrees that Bolen was put on paid vacation later that week pending investigation. It agrees that Dellick fired Bolen on August 31, 2020.
Dellick’s response stated that at the time Dellick dismissed Bolen, the judge was “in the process of scheduling coverage of (Bolens) planned absence …”.
Regarding Bolen’s claim that she was “treated more severely and fired because of her pregnancy,” Dellick’s response stated that the judge also fired a male employee who was also present during the incident that led to Bolen’s resignation . This employee did not request an FMLA leave.
The judge’s response denies that the judge retaliated against Bolen for requesting FMLA leave because of her pregnancy, or that the judge violated Bolen’s FMLA rights or committed sex discrimination.
The judge’s file also states that she is entitled to immunity from punitive damages under Ohio law, and Bolen’s claims are disqualified for “failing to exhaust administrative and legal remedies.” It is said that Dellick’s actions were “reasonable and in good faith.”
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