A Macomb Corrections prison employee was awarded nearly $1.3 million by a Macomb County jury for his treatment by supervisors after he was injured trying to restrain a prisoner and tried to be kept away from the inmate.
The six-person jury unanimously determined the award for Darrin Rushing, 53, of Port Huron, for events over several years at the prison while employed by the Michigan Department of Corrections, following a three-week trial in front of circuit Edward Servitto. The jury deliberated nine to 10 hours over two days.
Rushing’s attorney, Jonathan Marko, said although they asked for $3.8 million, they are satisfied with the outcome because it reflects the wrongdoing by MDOC management.
“It shows the Department of Corrections violated the law, that what they did was illegal and it held them accountable,” Marko said.
He said his client is “relieved, happy and vindicated” by the verdict.
He said the allegations are part of a pattern of behavior by the MDOC. The department reportedly has been subject of several six-figure and seven-figure verdicts and settlements in recent years. Marko has sued the department about 25 times over the past 10 years mostly over its treatment of employees as well as some claims by prisoners. That included an $11.4 million verdict in 2019 for two Black employees who sued over discrimination and retaliation.
Marko referred to the department as the “Michigan department of corruption” and described officials’ behavior as “political angling and cronyism.”
“I think this corruption and mismanagement is an institutional problem going back decades,” he said. “When you have an atmosphere like that, it is very hard to correct the court. A lot of these problems start at the top – and I’m referring to Lansing – and the decisions made there. People who are promoted weren’t necessarily the best people but people who were best at playing the game.”
He criticized the state for trying to portray Rushing poorly during the trial and for a lack of sincerity in discussions to try to resolve the case during the pretrial stages. He called the state’s legal strategy, “the three D’s – deny, deflect and deceive.”
Rushing filed the lawsuit in 2019 and claimed “failure to accommodate” his disability created by the on-the-job injury, “disparate treatment” compared to other employees and “retaliation” against him by MDOC officials for his complaints, according to court documents.
Rushing was named a top recruit with the department when he started in 1999 after serving honorably for six years in the Marines during Desert Storm, Marko said.
Rushing shattered his ankle in 2011 while he and other corrections officials were trying to restrain prisoner Lester Gunn, 36, at the facility located on 26 Mile Road in Lenox Township, Marko said. Gunn is a 6-foot 2-inch,189-pound man who has been convicted six times of prison-employee assault for four incidents from 2012 to 2019, according to MDOC records.
When Rushing returned to work, he was using a cane and initially given light duties then made a counselor so he would not likely have contact with Gunn.
But in 2015, when new warden Randall Haas took over, Rushing was forced to return to his corrections officer position. Haas reportedly testified he reassigned Rushing due to a shortage of corrections officers.
Rushing, who suffered PTSD due to the incident with Rushing, asked to be considered for a “special problem offender notice” so he could avoid contact with Gunn. Rushing suffered from two breakdowns, and indicated he was having panic attacks and wanted to harm Gunn, Marko said.
“He really just asked to be kept away from the prisoner who assaulted him,” Marko said.
But Rushing was denied the designation and forced to continue working with inmates.
Marko said Rushing was treated “horribly” by the MDOC and rejected in numerous attempts to be promoted or moved to other jobs outside of the department despite high qualifications including multiple college degrees. He was disciplined and cited for insubordination, and was given poor references, Marko said. In 2016, a superior filed a for personal protection order that was based on falsehoods and was rejected by Macomb Circuit Judge Jennifer Faunce, he said.
Meanwhile, his coworkers who testified at the trial portrayed a polar opposite, positive view of Rushing, he said.
“Every single witness said what a good person Mr. Rushing is, what a good employee he is and what a dedicated person he is,” he said
When he returned to work Thursday, employees gave Rushing a standing ovation, he said.
In an ironic twist, Rushing finally received a promotion to sergeant two weeks before the trial, Marko said. He said he believes he received the promotion because he deserved it.
Marko said he does not know if Rushing will continue working there.
The state can appeal the ruling and drag out the case and payout for many months or longer, he added.
The Attorney General’s Office, which defended the case, did not return a request for comment late Friday afternoon.
The award breaks down to $546,000 suffered past non-economic damages, including physical pain and suffering and mental anguish, among others; $321,750 each for future pain and suffering and future economic damages; and $80,500 for past economic damages.
Gunn is now housed at Woodland Correctional Facility in Whitmore Lake.
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