Argued January 30, 2014
Appeals from the Superior Court of the District of Columbia. (CAP-6180-09 & CAP-6181-09). (Hon. Mary Ellen Abrecht, Senior Judge).
J. Michael Hannon for appellants.
Jason Lederstein, Assistant Attorney General, with whom Irvin B. Nathan, Attorney General for the District of Columbia, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General, were on the brief, for appellee District of Columbia Department of Corrections.
Lasheka Brown Bassey Filed a statement in lieu of brief for D.C. Office of Employee Appeals.
Before GLICKMAN and EASTERLY, Associate Judges, and FERREN, Senior Judge.
Ferren, Senior Judge :
We review here a judgment of the Superior Court affirming a decision by the Office of Employee Appeals (OEA), which upheld the firing of two correctional treatment specialists (Specialists), appellants Alphonso Bryant and Darryl Love, by the District of Columbia Department of Corrections (DOC). We sustain the findings of appellants' negligence in connection with the escape of two prisoners from the D.C. Jail, but we reverse and remand the case for further proceedings to determine the appropriate penalties.
The DOC decision to fire appellants arose out of a sensational jail escape. On June 3, 2006, inmates Joseph Leaks and Ricardo Jones escaped from the Central Detention Facility (commonly called the D.C. Jail). Leaks was working, unsupervised, on a cleaning detail, when he used his work-detail identification badge to enter a cleaning supply closet. He took a commercial floor buffer and then met Jones, who had used a work-detail badge belonging to a different inmate. The pair changed from orange jumpsuits into blue clothing usually given to inmates upon release. They then used the large buffer to break into the warden's second floor office and smash the window leading out of the jail. They slid down a canopy and soon caught a Metro train for a brief taste of freedom before they were apprehended the next day without incident.
At the time, Leaks and Jones were among the most dangerous offenders housed at the D.C. Jail. Jones was awaiting two separate trials for attempted murder and first-degree murder, while ...