Friday, March 14, 2014

Another jail employee files a lawsuit (DOCUMENT)


MAHAR
Another employee at the Rensselaer County jail has filed a federal lawsuit against Sheriff Jack Mahar.
Senior Accountant David Snyder, a 20-year employee, claims Mahar or those working at his direction violated his right to privacy by accessing his medical records in 2007.
According to the lawsuit filed in federal court earlier this month, on Feb. 26 Snyder was not feeling well and visited the jail nurse who told him his blood pressure had skyrocketed and he should go to the hospital. After a visit to Samaritan, he missed one or two days of work.
Last year, Snyder along with nearly 50 other jail employees, received a letter from Samaritan telling him his medical records had been accessed by someone at the jail. The hospital had given the jail access to records to facilitate the continuity of care given to inmates by the hospital.
The account and password were given to nurse Debra Young, who has since resigned her 13-year post at the jail. However, the lawsuit claims she either left the password taped to her computer monitor or in her desk drawer. Young, through her attorney Kevin Luibrand, say the password was readily accessible to other employees and she maintains she did nothing wrong and is cooperating with the internal investigation headed up by Mahar.
The lawsuit, filed by attorney Elmer Robert Keach, claims that in 2004, also claims Sheriff Jack Mahar instituted a new sick time policy to cut back on abuse. There were some employees, according to the suit, who Mahar suspected of abusing sick time and were denied time off absent a doctor’s note.
“To facilitate this policy, Sheriff Mahar personally accessed and/or directed, other employees at the Renssealer County Sheriff’s Department, including Defendant Young, to improperly access personal and medical information of multiple employees who were absent from work, were harmed from work, or were filing worker’s compensation claims,” according to the lawsuit. “This is evident by the fact Sheriff Mahar personally handled all claims for sick leave or other injury related benefits.”
   The latest lawsuit is one of a handful accusing Rensselaer County and Mahar of violating federal privacy laws - under the Health Insurance Portability and Accountability Act - by improperly accessing confidential medical records. One was filed by the parents of a 9-year-old girl who claims she was injured by the K-9 owned by a corrections officer who was a neighbor.

None of the suits specify a dollar amount, but do ask for a jury to award punitive damages.
 

46 comments:

  1. Thanks Jim. Ran out of Midol, was stuck with facts.

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  2. That's the best thing I ever heard.

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  3. Was the nurse at work that day I wonder? Regardless, she would not have taken it upon herself to look this up, either she was directed to, or Mahar did it himself.

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  4. Kathy, is this an unfunded mandate?

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  5. Is this case defended, or do taxpayers have to defend and pay out this lawsuit too? Tony P back at the jail, Jack had to protect him, he knew too much. You said a handful of suits Jim, how many exactly? We have the potential of 50 just from the HIPAA violations, how many is Mahar facing for harassment? Didn't we just lose a million dollar settlement on a sexual harassment suit at the jail? And is it true we lost out on a million dollar contract to house inmates to Albany County? Did the Sheriff really not return a phone call?

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  6. As far as I know Rensselaer County will defend the suits. There have been six to date filed by Keach for the HIPPA stuff. Another by Ruth Vibert which is unrelated to HIPPA. I don't know if any other of the potential 50 have filed suit or how many will. I don't know about the sexual harassment suit. Yes, Rensselaer County did lose out on a contract to house inmates. Not sure how much it was worth. The sheriff doesn't generally comment on any pending litigation or personnel issues.

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    1. If Rensselaer County is defending, do you know why we had to hire outside counsel for 30k last year?

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    2. Don't know. Not saying I agree with it or not, but most municipalities hire outside counsel to deal with litigation.

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    3. On what matter did the County have to hire outside counsel? Maybe it wasn't for litigation.

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    4. Actually the cost is 90k for two different firms, search Jack Mahar on the Times Union site and all you will see is lawsuits - there was a sexual harassment suit (Seabury) that was appealed but upheld to the cost of 1.5 million and then there is the Vibert suit, the Karam suit and the list goes on.- This is from 11/13 - The fourth paragraph says it all - 50 possible suits pending, you think the insurance company is going to take that hit? They have refused to pay ANY expenses.

      "The Rensselaer County Legislature gave its approval Tuesday night for the county to sue its insurance carrier for refusing to defend the county in a federal civil rights lawsuit.

      The county will hire the Albany law firm Whiteman Osterman & Hanna to seek to have the insurance company, Argo Trident, pay the county's expenses in the lawsuit. The firm will be paid up to $50,000 for its work.

      The lawsuit in U.S. District Court in Albany was brought by Hancock, a former county correction officer, and county Correction Officers Dessingue and Thomas. They claim their medical records were illegally accessed using computers at Rensselaer County Jail.

      Argo Trident refused to pay any expenses incurred by the county, Sheriff Jack Mahar and three county employees named in the lawsuit, according county officials. The three county employees are James Karam, who was head of the Rensselaer County Jail's internal affairs unit; Elaine Young, a former jail nurse; and Anthony Patricelli, a sergeant.

      The legislature also approved hiring Carter, Conboy, Case, Blackmore, Maloney & Laird, at a cost not to exceed $40,000 to defend the county, the sheriff, Karam, Patricelli and Young."

      Jimino owes the residents of Rensselaer County an explanation as to why this investigation hasn't concluded. And Mahar should be in the jail, just not where he likes to sit now.

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    5. What a disgrace. Why isn't Jimino addressing this?

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    6. Why is Jimino in office? Why didn't the dems run anyone against her?

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    7. It's the GOP-DEM deal......the DEMS get the city and the GOP gets the county. In the city the GOP is silent and in the county the DEMS are silent.

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    8. Hint Jimino is from the Burgh don't forget these morons think there above the rest of poor saps in Troy There better than the rest of us.
      They can do no wrong

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    9. GOP-Dem deal? Are your f@cking crazy? The city voting block is NOW made up of people who are dependant on the government (DSS, food stamps, affordable -free housing) while paying no taxes. That's why the city is in financial ruin. The county (towns) still have residents that work 2-3 jobs to make ends meet and are rewarded with lower taxes, less crime and limited vacancy rates. Welcome to the real world.

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  7. Ugh...a full weekend of listening to the whiney jail guards.

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  8. Why isn't Rosney on the sex offender list?

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    1. You didn't know, PBA contract trumps State and Fedral law. LOL Fitzy and Rosney were tight, he probably threated to sue.

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  9. Thank god it's still NOT Sheriff Gary Gordon.

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    1. Lol right. Keep mumbling that to yourself. And have another drink.

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  10. Time for Pat to run the show!

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  11. Is Tony P still a master sergeant or is just a plain old sergeant now?

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  12. What happens when the Sheriff shows up at Brunswick town court to support a friend? Does the deputy get intimidated?

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  13. Blondie must be tickled with this article.

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    1. Blondie could have written the article. Facts speak for themselves. Is your throat sore, you know, from choking on it?

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  14. Still glad it's Not Sheriff Gary Gordon

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  15. All persons entering the jail are subject to search including medical records. Stop being such a whiney bitch Gary.

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  16. So...uh...if I'm reading right, Jack the sheriff, is investigating himself and has been doing so for a couple of years now. And, his defense is going to be that he is entitled to access personal, medical records of staff any time he pleases. Hmmm....not sure that will hold up in court there Jack. Have you, in your investigation, discovered anything else about yourself that we should know?

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    1. Jack evidently found out about Karam and Vibrant, that's why he fired them.

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    2. Actually, Vibert found out about Patricelli harassing Gorman, and then wouldn't destroy evidence for Jack. That is why she got fired. Karam knows where all of the bodies lie, that is why Jack needs him gone. His house of cards is crumbling. Expect a retirement announcement soon.

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    3. Too funny, Jack will retire? LOL. If he decides to run again he'll win again. Vibrant lied about her qualifications and Karam didn't want to show up for work. That's why they're gone.

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    4. You may be right about old Jack. Hell, a lot of criminals manage to win election. Some are criminals before. Some continue. Some start while in office. Don't have to look too far to find them. Let's see. Republicans had old Bruno in office for a long time. Dems? Why, there's that whole Keystone Cops affair of voter fraud with the guilty copping pleas or hiring wily attorneys while we tax payers fund the circus and an inept prosecutor. Jack is going to cost us plenty for the privilege of him acting life a sheriff.

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    5. Sad thing is is that this has nothing to do with party affiliation. This is going to cost both dems and republicans when the lawsuits start settling. What is so hard about an elected official worrying about the people who elected them (or didn't) rather than worrying about protecting someone because it could hurt your brand, be it dem or republican? Far more honor in calling out one of your own when you know they are wrong - makes you look like you aren't in it just for you. Not one person in executive positions within the county has questioned this. Why?

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    6. What are you smoking? Jack would NEVER win again. Look up the definition of Narcissistic and you will see a picture of him.

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  17. Will the new spokesman start showing stuff at the wine bar too?

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    1. Maybe you should give it a rest and try some internet porn.

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    2. No thanks Zuul

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  18. Sheeran loves Alan thick and john stamos

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    1. What about exile on a cold winter night

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  19. I believe that the Republicans are going to get together and realize that they have had enough with Jack and he loses in a primary

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    1. I made it as far as "Republicans are going to get together" before laughing my ass off. Yea right!

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  20. Its time for Pat to run the show.

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  21. Pat is a great guy and would do a great job but he was part of this administration and he will have to answer to what was going on down there. They need a new face.

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    1. without a doubt the Sheriff needs a new face.

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  22. The next Sheriff should be an experienced person within the law enforcement field. Someone with knowledge of the county. Not some hack from the politicians

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  23. Jackies a jokeman mahardly will be touched cept by patricellimate..I hears they real close..buh bye felons run south jackie run

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