Wash Hts Prison Guard Fired For Buying Inmates Ice Cream: Lawsuit

WASHINGTON HEIGHTS, NY — A prison guard at Washington Heights' Edgecombe Residential Treatment Facility is suing after he was fired for buying ice cream cones for inmates.

Robert Patterson filed a lawsuit against the Department of Correction to get his job back. His firing came as he was serving a disciplinary period after allegations of a sexual relationship with a female inmate.

He's demanding that he be reinstated with full back pay and benefits.

The Department of Correction told Patch to contact the New York City Law Department for any comment on the suit. The NYC Law Department did not immediately respond to Patch's request.

Patterson, who had been a correction officer since 1997, was assigned to the Edgecombe Residential Treatment Facility since 2005. During that period, the suit states that he consistently received overall grades of good and excellent for his work.

From 2019 to 2021, his primary work assignment at the Washington Heights facility was as an "escort officer for female work-release inmates."

In April 2020, he received a note from the Department of Corrections that accused him of having an inappropriate sexual relationship with a female inmate who was on work-release status from the Washington Heights prison.

He was suspended a month later.

"Officer Patterson did not engage in a romantic or sexual relationship with the accusing inmate," reads a section of his lawsuit against the DOC. "The accusing inmate initially filed a complaint that a different correction officer had engaged in sexual and/or inappropriate behavior with her. After the DOC initiated an investigation into the original complaint, the accusing inmate retracted the complaint and instead registered a complaint against Officer Patterson."

The lawsuit details an apparent mix-up where a woman with whom Patterson was romantically involved gave him her phone number. But that number actually connected him to the inmate.

"In late 2019, the woman with whom Officer Patterson had been romantically involved told him that she had a new cell phone number and provided him with that new number," the suit reads. "Officer Patterson then communicated with the newly provided number. Those communications included text messages. Unbeknownst to Officer Patterson, the newly provided number was the cellular phone number for the accusing inmate, who was on work-release status."

Patterson's legal team says he was not aware that he was sending text messages to the accusing woman and that he was a "victim of deceit."

After an arbitration process began looking into the accusation, the New York State Correctional Officers & Police Benevolent Association informed the involved parties that they intended to drop and dismiss the charges against Patterson, according to the suit.

This process took nearly a year to play out and Patterson returned to work at the Edgecombe Facility on March 30, 2021. However, he was placed on a 12-month Disciplinary Evaluation Period.

Not everybody was happy to see Patterson back at the Washington Heights facility, according to the suit.

The suit says that he was informed by other officers upon his return that managerial level personnel at the facility did not want him back, and that they had assumed he would be terminated during the previous process.

The Ice Cream Incident

On May 27, 2021, Patterson was stationed at his post when a female correction officer approached him with five female inmates. The two officers accompanied the five women out onto the patio for a smoke break, according to the suit.

While on the patio, one of the women saw an ice cream truck just outside the gates and commented that she wanted some, the suit says.

Since the facility's vending machines were out of ice cream, the other correction officer asked Patterson to help her get some of the dessert, according to the suit.

"Officer Patterson did not want to remain alone with the female inmates while Officer Oliver purchased the ice cream, so he obliged Officer Oliver by purchasing the ice cream," the suit said.

"Officer Oliver collected money from the inmates (who were all on work-release status and therefore permitted to possess money) and added her own funds. Officer Patterson then purchased ice cream for the inmates as well as for Officer Oliver.

"In order for Officer Patterson to leave and re-enter the facility, Officer Oliver authorized and physically permitted such exit and re-entry. An individual cannot leave or enter the facility without the physical participation of another officer."

The lawsuit specifically states that Patterson did not eat any ice cream.

The suit goes on to explain that while the Edgecombe administration did not authorize the decision to buy ice cream, inmates are generally rewarded for good behavior at the facility by getting pizza and soda.

The suit then lists other occasions in 2021 where correction officers at Edgecombe got Kentucky Fried Chicken and Chinese food for inmates without any disciplinary consequences.

Nearly a month later, though, Patterson received a termination letter accusing him of leaving the facility without authorization and purchasing several ice cream cones for the inmates, the suit says.

"The termination letter alleges that this action violated the Disciplinary Evaluation Period provided for in the Disciplinary Settlement Agreement," reads the suit.

You can read the full lawsuit here.