Villareal v. Bureau of Prisons

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Villareal began working for the Bureau of Prisons in 2007 and had no disciplinary record; all of his evaluations were rated satisfactory or higher. In 2012, while Villareal was a Senior Corrections Officer at FDC Houston, the Office of the Inspector General (OIG) investigated Villareal’s relationship with female inmates, Solis and Santana. Villareal was reassigned to a phone monitor position; he was not allowed to interact with the inmates or to work overtime. After a seven-month investigation, OIG concluded that Villareal violated several Bureau policies: placed and failed to report calls on his cellular phone to Solis’s family; engaged in an inappropriate relationship with Solis and showed preferential treatment toward Solis and Santana; misused his work computer, failed to properly monitor inmates around computers, failed to properly secure his office, and made derogatory remarks to inmates. Then-Warden Babcock stated to Villareal’s union representative that Villareal would be given a 30-day suspension. Pearce succeeded Babcock and testified that during their transition meeting, Babcock referred to Villareal as a “potential termination.” Villareal's termination was proposed as consistent with the Bureau’s table of penalties and Villareal’s lack of remorse. Villareal’s union filed a grievance, emphasizing that 1,265 days had passed between the investigation's beginning and Villareal’s removal. An arbitrator found removal justified. The Federal Circuit affirmed, rejecting due process claims. Villareal made no claim of prejudice resulting from the delay. Warden Pearce properly considered the relevant factors in reaching his decision. View "Villareal v. Bureau of Prisons" on Justia Law