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As reported by NJ.com, the recent brutal attack on a State Correction Officer at East Jersey State Prison has union officials calling for the passage of a bill that would make compensation similar to that of police officers and firefighters injured on duty.

On the morning of December 31, Daniel Campione, a Correction Officer at the prison, was escorting inmates back to their cells and securing the cells when an inmate “began to verbally abuse” Campione.  The inmate ultimately charged the officer and began “hitting him in his head with a closed fist,” according to a statement released from the Policemen’s Benevolent Association Local 105 (“P.B.A. #105”), which represents New Jersey’s rank-and-file correction officers. Correction officers in the area responded and gained control of the inmate.

Campione was treated at the prison for “numerous contusions and lacerations on his head and face.”  He was then taken to Robert Wood Johnson Hospital in Rahway for further treatment.  He is expected to recover from his injuries, officials said, but will be unable to work for an unknown period of time.

P.B.A. #105 President Brian Renshaw said, “Attacks like the one we saw…are becoming all too common in New Jersey’s state prisons.” Renshaw is now calling for the passage of a bill introduced two years ago to ensure officers “will not be asked to receive anything less than full pay for injuries suffered at the hands of inmates inside our prisons,” the statement said.  According to the Union, passing the bill would give correction officers similar compensation to that of state and local police officers injured while on duty.

Currently, prison and juvenile detention workers must apply for workers’ compensation when injured on the job, the union said “making significantly less than their regular salary.”  Renshaw added, “It is my hope that the New Jersey Legislature will fully understand what is at risk when deciding on how to act on this legislation.”

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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.