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As report by NJ.com, officials from the State’s Corrections Officer’s union say prison administrators reneged on an agreement to relocate inmates who staged a protest following the return of an officer injured in an attack earlier this month.  The turmoil comes after an August 3 incident in which six correction officers were injured, said Brian Renshaw, the president of PBA Local 105, the State Corrections Officers’ Union.

Renshaw and other union members said that administrators at Northern State Prison had agreed to their request to move the inmates, but later discovered that was not the case.  Renshaw declined to identify the inmates or the officers involved, but said the August 3 scuffle started when one of his members attempted to clear a group of Muslim inmates who were conducting a prayer service in an unauthorized area.  An altercation ensued involving four inmates and six corrections officers were hospitalized with injuries ranging from wounds to their faces to swollen ligaments, he said.  It was unclear whether the inmates had sustained any injuries.

The inmates remains under investigation, according to a spokesman for the State Department of Corrections, who declined to comment further.  One of the officers involved was returning to his post after being medically cleared of his injuries when a group of inmates began staging a demonstration demanding the officer be reassigned elsewhere, Renshaw said.  The inmates refused food and disobeyed orders that they leave their cells as part of a group demonstration, according Renshaw and other officials from the union, who claim prison officials complied with the inmates’ request and sent the officer home.

Renshaw said that the move set a dangerous precedent.  “By allowing inmates to think they will dictate how we run these facilities or how we work certain areas, is going to put all of us-inmates, officers, staff-in harm’s way,” he said.  He said prison administrators also declined the union’s request to deploy officers from the prison’s Special Operations Group, a unit akin to a prison SWAT team, to maintain order.

Union members and their allies have been advocating for a bill that would restore pay and benefits to corrections officers injured on the job, who currently do not receive the same protection as most injured police officers in the State.  That measure (S596) us currently before the State’s Senate Budget and Appropriations Committee.

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.