Judge rules in favor of county in jail administrator lawsuit

Published 11:03 am Monday, May 23, 2016

The U.S. District Court has ruled in favor of Freeborn County in a lawsuit filed by an ex-employee.

The summary judgment announced Thursday pertains to a lawsuit filed by Marcellino Peña, a former Freeborn County jail administrator terminated in 2012.

Freeborn County Administrator John Kluever said the court denied Peña’s motion for partial summary judgment.

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In the lawsuit he filed in February 2014, Peña sought damages in excess of $200,000 from the Freeborn County Sheriff’s Office and its leaders.

John Kluever

John Kluever

Peña asked Freeborn County re-employ him, pay for all of his unpaid overtime — plus interest and penalties — in addition to other costs incurred. The lawsuit alleged Freeborn County violated the Fair Labor Standards Act.

U.S. District Court Judge David Doty said in a written order that Peña’s termination was for harassing co-workers, not Peña’s claim that he was terminated for the political nature of his speech.

Doty ruled that Peña “provided no evidence, other than his own vague testimony, to establish that he performed unpaid overtime work” and that the county did not violate Peña’s due process when it terminated him.

Kluever said the county is satisfied with Doty’s ruling. He declined further comment.

As jail administrator at Freeborn County Law Enforcement Center, Peña oversaw the food service and medical contracts for inmates and at one time oversaw more of the Immigration and Custom Enforcement contracts in the jail. He was promoted to jail administrator in 2010 under former Sheriff Mark Harig and then demoted to assistant jail administrator shortly after Sheriff Bob Kindler took office in January 2011. Kindler defeated Harig in the November 2010 election.

In July 2012, Peña was placed on suspension pending an investigation. He was ultimately terminated in September 2012.

The county’s investigation alleged former and current employees in the jail felt threatened, intimidated or sexually harassed by him.

In addition to allegations of harassment, several of the employees accused Peña of watching movies in his office while on the clock, gambling and campaigning while on duty, and directing other employees to complete his personal tasks — even helping him apply for new jobs.

Prior to the U.S. District Court case, Peña had already taken his case to the Minnesota Court of Appeals and the Equal Employment Opportunity Commission. The Court of Appeals upheld the county’s decision to fire him.

Peñas lawyer, Richard Williams, said they plan to appeal the ruling.

About Sam Wilmes

Sam Wilmes covers crime, courts and government for the Albert Lea Tribune.

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