Lawyers respond to defense motion to dismiss prison uprising lawsuit against former DE officials

Lawyers representing Lieutenant Steven Floyd's family and five other correctional officers who were taken hostage in the prison uprising at James T. Vaughn Correctional Center filed a brief in federal court on Monday to respond to the defendant's request to dismiss a lawsuit filed against them in April.

The defense said that that there's no constitutional right to workplace safety and that the defendants are not legally responsible because they didn't violate a clearly established right but attorney Thomas Neuberger says that since the State signed a contract with the Correctional Officers Union, they were contractually bound to "provide sufficient staffing to ensure a safe and secure work environment."

Neuberger said that Governor John Carney has done more in five short months to fix the Department of Corrections than former Governors Ruth Ann Minner and Jack Markell did in their terms.

Neuberger also said that he believes that they have proven the guilt of Governor Markell and that "the blood is on his hands for the torture and death of Lieutenant Floyd."

He says that the governors "did not sufficiently staff the prison to maintain a safe and secure workplace." Neuberger says, "The Fourteenth Amendment standard of review requires an 'exact analysis' of the 'totality of facts.'  Ours is a substantive due process play containing many scenes and acts, but one which cannot be properly understood unless viewed as part of the larger scenario of the overall story.

This is a story about public officials whose actions and policies over 16 long years destroyed the D.C.C.  For the last 13 of those years, they ignored repeated warnings of where their new policies would lead and instead doubled down and plowed ahead.

Thus this story is a tragedy, because the end was avoidable.  When such extended opportunities to do better are teamed with protracted failure even to care, such indifference is truly shocking."

On February 1, inmates took six correctional officers hostage at James T. Vaughn Correctional Center for over 15 hours. Lieutenant Steven Floyd died as a result. On September 1, an independent review on the case is set to be released by officials.