EEOC Finds TDCJ Retaliated and Discriminated Against Former Gang Sergeant

EEOC says TDCJ's actions appeared to have the intent of obstructing and altering the investigation

Supervisors never disciplined for filing false disciplinary report

By Terry Pelz
Copyright Copyright © 2004-2009 Texas Justice Dot Org

An Equal Employment Opportunity Commission determination of September 8th found that the Texas Department of Criminal Justice retaliated and sexually discriminated against former TDCJ gang sergeant, Maryanne Denner. Ms. Denner was the unit security threat group officer at the Ruben Torres prison unit in Hondo, Texas.

Ms. Denner alleges that the Texas Department of Criminal Justice retaliated against her for complaining of sexual harassment and for having a subsequent disciplinary action overturned at the regional level. In April 2003, in the first disciplinary action, Ms. Denner was accused of having a physical altercation with a superior and being insubordinate. She was placed on three months probation. The disciplinary was overturned by the Regional Director in June 2003 after the regional investigation revealed that the lieutenant had been instructed by his immediate supervisor (the alleged sexual harasser) to file a false disciplinary report against her. Texas Justice Dot Org has learned that these two supervisors were never disciplined for their misconduct.

Just two days after that disciplinary case was overturned, Ms. Denner was again charged with a disciplinary for failing to notify the warden that she knew an offender's family and had continued that relationship. She had, according to an affidavit, properly reported that relationship in accordance with TDCJ policy. Five days later, Ms. Denner was found guilty of the charges, and was recommended for dismissal. The final determination was based on evidence strictly provided by the Office of Inspector General. In July 2003, Ms. Denner states she was forced to resign for personal reasons, or otherwise face termination for allegedly violating security regulations. EEOC's investigation revealed evidence in support of Ms. Denner's allegation that TDCJ's action was the result of her filing the internal complaint of sexual harassment and retaliation.

EEOC's investigation further revealed that TDCJ took delayed action against Ms. Denner for security violations based on unofficial surveillance of Ms. Denner by a co-worker. That co-worker, TJDO has learned, was recently fired for lying in an unrelated incident. The evidence also revealed that TDCJ's actions disregarded conflicting evidence to Ms. Denner's credibility and recommended dismissal on questionable evidence.

In the above matter, TDCJ had known of Ms. Denner's relationship with an offender's family for several years prior to this disciplinary. After again giving her explanation of the relationship in March 2003 to superiors at the Torres unit, regional level, and to a deputy director in Huntsville, a relationship she had had with the family prior to working for TDCJ, she was returned to work at the Torres unit. Several months later after a rather slipshod OIG investigation, she was told she had not reported this relationship to her warden. She did, in fact, report it to her warden at Segovia, both verbally and in a written IOC that was placed in her personnel file while assigned there. It was later discovered that this IOC was mysteriously missing from her personnel folder at the Torres unit when the accusation was presented to her in June 2003. At that time, she obtained an affidavit from the personnel representative at Segovia who distinctly remembered placing the IOC, which had been initialed by her warden, in her personnel folder. She had presented that evidence at her disciplinary hearing. That evidence was ignored.

Shortly thereafter, the senior warden and assistant warden were moved off the unit. The assistant warden was eventually assigned to the training division in Huntsville. It is not known if the transfers were related to the events at the Torres unit.

The EEOC reports it is more likely than not that TDCJ's actions and information establish a pretext to discrimination as alleged.

Ms. Denner is represented by noted Corpus Christi attorney, Kathleen L. Day.