LIHUE — A former psychiatric social worker at Kauai Community Correctional Center is suing Warden Neal Wagatsuma and the Department of Public Safety for retaliation and violations of the whistleblowers act. Carolyn Ritchie was employed at KCCC from April 2009
LIHUE — A former psychiatric social worker at Kauai Community Correctional Center is suing Warden Neal Wagatsuma and the Department of Public Safety for retaliation and violations of the whistleblowers act.
Carolyn Ritchie was employed at KCCC from April 2009 until she left in November 2012, citing “serious abuses and wrongdoing.”
The civil suit was filed in 5th Circuit Court on Jan. 27 by Honolulu attorney Margery Bronster of the firm Bronster Hoshibata. It is essentially charging that a systematic effort persisted to ensure people did not complain, she said.
Ritchie is claiming unlawful retaliation and harassment after reporting abuses.
The Ritchie case is a companion to a separate class action suit that was filed against KCCC by former female inmates.
“She complained to her superiors when she observed inappropriate violations and constitutional rights abuses of inmates,” Bronster said. “There was retaliation and Ritchie lost her job.”
DPS Public Information Officer Toni Schwartz said the state has not been served with the lawsuit.
“We have to reserve comment until we are officially served and have had a chance to look over the documents with our attorneys,” Schwartz said.
Ritchie has a master’s degree in social welfare and over 45 years of experience in social work. She was hired at KCCC in 2009.
She reported that the facility did not provide women equal access to Life Time Stand and work programs.
When Ritchie found that the counseling of women was being handled by the warden or appointed staff, she reported it as a violation.
The female inmates were made to discuss sensitive topics to include private sexual matters that were videotaped and shown in the presence of others during group counseling sessions, the complaint states, along with being forced to watch films depicting scenes of violent rape.
In their minds, this was therapy that was designed to break people, Bronster said.
Ritchie went to her supervisor about how the women were being treated, and Wagatsuma was disciplined, according to the complaint.
Ritchie was soon placed on an 18-month investigation status over an allegation that she passed a note between husband and wife detainees. The suit claims there were no regulations to prohibit the action and was also the norm with her male predecessor.
The suspension was with pay but Ritchie was prevented from seeing her patients. She returned in 2012 after the investigation ruled in her favor.
The retaliation continued by limiting her contact opportunities with patients. The complaint states that the warden sought letters from detainees to use against her.
After taking a medical leave from stress, Ritchie left on Nov. 5, 2012, for what she describes as an intolerable work environment.
The suit alleges it was the result of improperly altering the terms of Ritchie’s employment.
Ritchie filed a complaint with both the U.S. Equal Employment Opportunity Commission and the Hawaii Civil Rights Commission. Both the EEOC and HCRC issued Plaintiff Right to Sue letters.
Ritchie has not worked since leaving her position.
“This is constructive discharge, and that is a violation of the whistleblowers act,” Bronster said.
