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Lawsuit Against McCracken Co. Jailer Alleges Whistleblower, Civil Rights Violations In Firing

McCracken County Jail

  The McCracken County jailer is facing allegations of violating state civil rights and whistleblower laws in the treatment and firing of a former nurse at the county jail.

 

A lawsuit filed April 30 in the McCracken Circuit Court states Danielle Wolfe, who worked part-time as a registered nurse specializing in mental health for inmates, witnessed “a number of illegal, unethical, and unsafe practices” in the jail’s medical department, along with “inhumane treatment of inmates on suicide watch” in 2018. In response, McCracken County Jailer David Knight in a statement said the allegations in the lawsuit are “without merit.”

 

The lawsuit states some of these practices included: licensed practical nurses (LPNs) and deputy jailers destroying inmate grievances about medical treatment; LPNs falsifying vital signs for newly booked inmates and medically monitored inmates; and LPNs handing out medication to inmates through envelopes labeled with names, causing some inmates to receive the wrong medication or wrong dosage.

 

The lawsuit alleges when Wolfe attempted to address these issues with Melanie Tynes, the LPN leading the jail’s medical department, the actions remained unresolved. 

 

The lawsuit states Wolfe was hired by Southern Health Partners, a medical contractor for the jail, in October of 2018. During the summer of 2019, the McCracken County Fiscal Court ended the contract with Southern Health Partners, adding Wolfe and others as county staff.

 

Wolfe, despite her objections, met with inmates who had mental health needs in the attorney meeting room of the jail during the first several months of her employment, according to the lawsuit. The attorney meeting room held multiple inmates and attorneys at one time “with no privacy for [Wolfe’s] inmate-patients.”

 

The lawsuit continues to state that an inmate issued a grievance related to an alleged violation of the Health Insurance Portability and Privacy Act (HIPAA) in which Wolfe spoke to an inmate through a cell door in the spring of 2019. Wolfe then said she wouldn’t see inmates anymore in the attorney meeting room of the jail to avoid potential future HIPAA violations.

 

“In response, Melanie Tynes, the LPN in charge of the medical department, and the chief deputy told deputy jailers to make taking inmates to see Ms. Wolfe their last priority, which made Ms. Wolfe’s job more difficult,” the lawsuit states.

 

The lawsuit goes on to allege McCracken County Jailer David Knight violated the state whistleblower law by firing Wolfe after she raised issues regarding jail practices with her superior, Melanie Tynes. The lawsuit also alleges Knight violated state civil rights statutes through creating a hostile working environment for Wolfe. Wolfe approached Tynes in resolving issues at the jail instead of Knight because of the “unwanted sexual overtures” that Knight was making to Wolfe.

 

“Knight frequently spoke about sexual matters and sent sexual messages to Ms. Wolfe by Facebook Messenger that, by the end of May 2019, became very dirty and included nude videos and inappropriate photos,” the lawsuit states.

 

On February 27, Knight fired Wolfe for an alleged HIPAA violation, which the lawsuit states did not happen. In a statement, Knight said he asked Wolfe to resign in January due a complaint regarding a HIPAA violation.

 

“As Jailer of the McCracken County Jail, I hold my employees to the highest of standards which resulted in my decision to request Ms. Wolf’s resignation,” Knight said. “The allegations in this former employee’s lawsuit are without merit and I am confident that this case will ultimately be dismissed.”

 

Wolfe’s attorney, Paducah-based Wes Sullenger, is asking for the lawsuit to be put in front of a jury, with compensation in the form of lost pay and additional compensation related to emotional distress and humiliation. 

 

"Liam Niemeyer is a reporter for the Ohio Valley Resource covering agriculture and infrastructure in Ohio, Kentucky and West Virginia and also serves Assistant News Director at WKMS. He has reported for public radio stations across the country from Appalachia to Alaska, most recently as a reporter for WOUB Public Media in Athens, Ohio. He is a recent alumnus of Ohio University and enjoys playing tenor saxophone in various jazz groups."
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