NYC Correction Officer, hailed after brutal jail assault, now finds herself focused by DOC

A metropolis correction officer and single mother hailed for her braveness in February after struggling a brutal assault from a person held on Rikers Island now finds herself underneath hearth by the Correction Division for alleged breaches of strict guidelines that proscribe actual hours when an officer on sick depart have to be house.

On Tuesday, Correction Officer Shameka Mitchell was slapped with a two-week suspension by Assistant Commissioner for Well being Administration Lashawna Gordon-Dixon throughout an inner listening to – sparking sharp criticism from the officer’s household and her union.

Mitchell, a 12-year division veteran, was within the midst of a 16-hour tour final Feb. 8 to cowl a workers scarcity within the Otis Bantum Correctional Heart on Rikers Island when detainee Robert Ray slugged her at the back of head inflicting her face to slam into the mess corridor ground.

She suffered a fractured eye socket and different accidents and spent 5 days in intensive care. As she lay within the hospital, Ray, 33, was arraigned earlier than a crowd of Mitchell’s fellow officers and union reps together with president Benny Boscio. When she was discharged underneath her personal energy, greater than 100 officers have been current to applaud her.

“”Our coronary heart is with our courageous officer whose restoration is our first precedence,” declared Correction Commissioner Lynelle Maginley-Liddie. “The division and our complete metropolis is along with her.”

Eight months later, the tone has modified. Together with Tuesday’s determination, the division has suspended her with out pay 3 times for not being house when sick depart investigators checked on her.

“She put the division’s wants forward of her personal, and he or she paid for it along with her well being. However as an alternative of being supported, she has been punished,” her sister Robin Mitchell informed the Day by day Information..

The scrutiny and disciplinary actions, Mitchell’s sister mentioned, are unwarranted. The officer, her sister mentioned, is elevating a daughter, 7, and a son, 13, and there’s nobody to ferry them to highschool and their numerous after-school occasions.  Mitchell’s aunt, the long-time caregiver when their mother was at work is within the midst of a most cancers battle.

On the identical time, Mitchell has pleaded with DOC to let her return to work, however the company has rejected these requests though, in accordance with Robin, her personal docs have cleared her to return to work. However the division’s physician has decided she isn’t match to return. Because of this, Mitchell can’t work and has been disadvantaged of the extra time she relied on to pay her bills.

DOC gained’t place her on so-called medical monitoring standing, basically a desk job, that will permit her to return to work however not across the jail inhabitants, her sister says. Roughly 287 different officers or 4% of the uniformed workers are at present on MMR standing, data present.

Benny Boscio, president of the Correction Officers Benevolent Affiliation, mentioned Mitchell ought to both be allowed to return to work or given a wider window of out-of-home hours.

“Officer Mitchell, who was the sufferer of an unprovoked heinous inmate assault, has been cleared by her impartial physician and needs to return to work,” he mentioned.

“In what has change into a typical show of DOC dysfunction and mismanagement, DOC has been suspending Officer Mitchell whereas concurrently refusing to let her return to work in any capability.  DOC can’t punish officers who’re out as a result of they have been violently assaulted by inmates after which refuse their Physician’s notes authorizing their return to work.”

DOC spokeswoman Latima Johnson declined to touch upon the dealing with of Mitchell’s case, saying the company supplies “full help to officers injured within the line of responsibility.”

“Departmental advantages embrace medical care, help providers, and lodging which may be wanted throughout sick depart,” Johnson mentioned. “Whereas we don’t talk about anybody’s private medical info, we stay in shut communication with workers to supply help all through their restoration.”

Mitchell had by no means beforehand been suspended.

She could, nonetheless, be dealing with extra intense scrutiny as a result of prior points with sick depart abuse. In 2021 and 2022, DOC got here underneath withering criticism after lots of of officers took benefit of liberal sick depart insurance policies to improperly keep out of labor for prolonged durations.

The division moved to tighten necessities, together with enforcement of provisions that require officers to be at house whereas out sick apart from pre-approved causes and through sure durations in a given day.

In keeping with a chronology offered by her sister, Mitchell spent seven days in all in Mt. Sinai Hospital Morningside earlier than rising Feb. 14 to a customary walkout thronged with officers.

Mitchell was informed, her sister claims, that she had an “lodging” to depart house as obligatory.

However on Feb. 28, whereas she was at a remedy appointment, she acquired a violation for not notifying DOC.

Gordon-Dixon, the Well being Administration assistant commissioner, was initially supportive and the violation was dismissed, however subsequently started blocking Mitchell’s requests and suspending her, in accordance with the chronology.

She acquired 30-day clearances to depart house as wanted in April and Could. On Could 9, Correction Division docs informed her she couldn’t return for at the least a yr, however on JUne 11, Mitchell provided the primary of 4 studies from her physician clearing her to return to full responsibility.

However her requests have been repeatedly denied. Her full-day clearance was minimize to 4 hours on weekdays and 12 hours on Saturdays and Sundays.

Mitchell nonetheless had her baby care duties and was hit with with violations June 12, July 4 and July 15.

On Aug. 7, she was hit with a seven day suspension from Aug. 13 to Aug. 20, which she appealed.

On Sept. 2, Gordon-Dixon denied one other plea to return to work.

On Sept. 18, she was slapped with one other violation whereas she took her aunt to the hospital for most cancers therapy.

On Tuesday, she attended a listening to and acquired the two-week unpaid suspension. She was barred from utilizing current trip time.

“My sister held her composure however she was actually upset about it,” Robin Mitchell mentioned. “This example is worsening her monetary pressure, her psychological well being and creating hardship for her household. It’s creating fixed stress.”

“The division will work with an officer’s wants and there are processes in place for that,” one other DOC spokesman, Patrick Gallahue, mentioned Thursday, talking typically.

A Bronx Grand Jury indicted Mitchell’s attacker, Robert Ray, in March on 4 assault fees and obstructing governmental administration. He is because of return to courtroom Dec. 5, data present. Eric Steltzer, a spokesman for the Bronx District Legal professional’s workplace, declined touch upon how Mitchell’s therapy might have an effect on the legal case towards her alleged attacker.

Ray’s lawyer Andrew Bottari didn’t reply to a telephone message.