Sex discrimination case dismissed

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.

"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.