DARTMOUTH – A veteran correctional officer is suing the Bristol County Sheriff’s Office and Sheriff Paul Heroux alleging employment discrimination and retaliation.
The lawsuit was filed in Bristol County Superior Court on July 23 by Juan Rodriguez and also names BCSO Superintendent Joseph Oliver III as a defendant.
It seeks $500,000 for emotional-distress damages and $40,000 for lost wages.
The 24-page discrimination and retaliation lawsuit alleges that Rodriguez was treated differently and was denied advancement opportunities after a serious inmate assault left him injured in 2023.
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Rodriguez identifies his race as Spanish with his place of national origin being Puerto Rico, according to the lawsuit. He began working for the sheriff’s office in 2014 under Heroux’s predecessor, Thomas Hodgson. Heroux took office in January 2023.
Rodriguez was promoted to lieutenant in July 2022, which included a standard one-year probationary period ending July 2, 2023.
His injuries from the alleged inmate assault, which came seven days before the end of the probationary period, included a concussion and required months of medical leave, according to the lawsuit.
He returned to work on Feb. 12, 2024.
Criticized for conduct during inmate incident
According to the lawsuit, Rodriguez was called into an April 2024 meeting with Heroux and Oliver after he had returned to work and shown a video of the assault. During the meeting, he was criticized for his conduct during the incident, the lawsuit states.
Rodriguez alleges he was told during the meeting that his probationary period was being extended another six months even though an Internal Affairs investigation had already been closed without fault being assigned to him.
He also alleges no documentation of the probation extension was placed in his personnel file, preventing a union appeal.
The lawsuit also alleges Rodriguez was denied advancement opportunities, including:
A K-9 unit position for which he interviewed in August 2024
A captain’s position for which he says he met all qualifications but was not allowed to interview after returning from leave related to his daughter’s hospitalization and liver transplant
Another captain’s opening in January 2025, where he alleges he was informed the position had already been filled before his scheduled interview.
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Confused with another Puerto Rican lieutenant
The lawsuit also cites an interview evaluation for the K-9 unit position in which Rodriguez was confused with another Puerto Rican lieutenant.
An interviewer wrote, “Lt. Ares has always been dependable and a fine employee to work with.”
The lawsuit states that Ares is the only other Puerto Rican lieutenant working at the BCSO. “There was no legitimate, nondiscriminatory reason for the interviewer to have mixed them up,” according to the lawsuit.
Rodriguez filed a discrimination complaint with the Massachusetts Commission Against Discrimination on Oct. 1, 2024, according to the lawsuit.
He alleges the department required him to undergo an independent medical and psychological fitness-for-duty evaluation despite having worked for months without documented performance issues after the complaint was filed.
He was ultimately found fit for duty by the evaluating physician, according to the lawsuit.
What the 12-count lawsuit alleges
He alleges in the lawsuit the evaluation and subsequent treatment were retaliatory responses to his discrimination complaint.
It’s generally required under state law to file an MCAD complaint before bringing a state discrimination lawsuit to court.
The 12-count lawsuit alleges: race discrimination, national-origin discrimination, retaliation, and aiding and abetting discrimination.
Rodriguez is seeking compensatory damages for emotional distress, punitive damages, attorney’s fees and costs, and any other relief deemed appropriate by the court.
Heroux said he was unable to comment on an ongoing lawsuit.
Separate discrimination lawsuit also before the court
Heroux and the Bristol County Sheriff’s Office are also defendants in an employment discrimination lawsuit filed by former employee and New Bedford City Councilor Naomi Carney.
Carney’s lawsuit alleges race, age and gender discrimination in connection with losing her job as BCSO community works program director in 2023.
This article originally appeared on Standard-Times: Bristol County correction officer seeks $540K in lawsuit
