A Sacramento County jury awarded a former prison doctor nearly $17 million in damages last week after she sued California’s correctional department in 2020 alleging she was retaliated against after raising safety concerns.
Part of those damages included $3 million for defamation, which the jury awarded Dr. Beth Fischgrund after prison staff made several defamatory statements about her, including that she had sexual relationships with correctional officers.
Fischgrund, a former clinical psychologist who worked at Salinas Valley State Prison, filed a complaint against the California Department of Corrections and Rehabilitation in July 2020, alleging prison officials violated the state’s labor code and failed to prevent harassment during the two years she worked at the prison.
A CDCR spokesperson declined to comment on the case, citing department policy to not comment on pending litigation.
Fischgrund started working at the prison in 2017 as a contracted employee, according to legal filings. She claimed that the following year, several colleagues made inappropriate sexual comments to her, including telling the psychologist that one incarcerated individual wanted to date her when he was released.
In her complaint, the psychologist claimed that in early July 2019 another clinician informed her that an inmate at the men’s prison threatened Fischgrund’s life during a therapy session. She alerted supervisors of the threat and made multiple attempts to secure a separation from that individual to protect herself, according to legal filings.
Later that month, Fischgrund received notice that she was fired due to “misconduct” while she was on approved leave in relation to the threat, the complaint alleged.
A correctional staff member told her that she was fired because she raised safety complaints to headquarters, which made it appear that the Salinas Valley warden did not protect staff, according to the complaint.
Fischgrund’s attorney Lawrance Bohm said that CDCR had sided with the incarcerated individual over its former employee and, as a result, lost $17 million.
“The termination, banning, and blacklisting of Dr. Fischgrund had far-reaching effect on her mental health, reputation, and career,” Bohm said in a statement. “This was a complete and total victory, vindication and validation of Dr. Fischgrund.”
The jury awarded Fischgrund $14 million in lost earnings and other damages. The additional $3 million was awarded to Fischgrund due to defamatory comments made about her that harmed her reputation and caused her shame.
