Maryland prison guards file discrimination lawsuit alleging racism by ‘gang’ of white officers

A group of Maryland correctional officers has filed a sweeping discrimination lawsuit alleging that a “gang” of white guards known as “40 West” created a culture of racism against Black and immigrant employees at the Maryland Correctional Training Center in Hagerstown.

The lawsuit claims COs who are Black or people of color have been subjected to frequent racial slurs and lose out on promotions and overtime shifts because of coordinated efforts by white officers.

The complaint brings civil claims under the Racketeer Influenced and Corrupt Organizations Act, or RICO, as well as discrimination claims. It proposes several classes of officers who were allegedly harmed by the coordinated efforts of white officers.

“Upon information and belief, a group of caucasian COs organized to engage in illegal behavior and to take administrative control of MCTC by creating a race-based gang called ’40 West,’ ’40 West boys,’ and/or ’40 West gang’ decades prior to the present,” wrote Edith Thomas, one of the lawyers for the plaintiffs.

The complaint claims that members of the gang worked in concert to help each other earn promotions, receive training that benefitted their careers and pick up overtime shifts ahead of Black or immigrant officers.

People of color were also targeted for discipline over small infractions while white officers’ misconduct sometimes went ignored by Maryland’s Department of Public Safety and Correctional Services, the lawsuit claims.

The suit also accuses DPSCS of ignoring complaints about racism from the plaintiffs, who say they faced retaliation after reporting problems.

The suit claims members of the “40 West” gang have included some high-ranking officers at MCTC, and that officers who are part of the group use masonic imagery to identify each other. One officer allegedly has a tattoo of a swastika, according to the complaint.

The plaintiffs also say they have been subjected to frequent and severe racial harassment, including the use of the N-word and other slurs; being told “Go back to your country” and “We don’t want Blacks here,” and hearing other officers mimic monkey noises over the prison’s intercom system.

In an emailed statement, a spokesperson said the Department of Public Safety and Correctional Services is “aware of the complaints alleged in this suit and is investigating the serious claims. The Department cannot comment further on pending litigation at this time.”

The plaintiffs filed their lawsuit in Baltimore City Circuit Court in July, court records show. It was removed to federal court in Baltimore this week.

“We’re certainly looking forward to getting justice to our clients,” said Thomas, of the employment law firm Zipin, Amster & Greenberg LLC. “One of the big goals is to reform the department so this doesn’t happen to anyone else.”

Thomas Eiler, another lawyer for the plaintiffs, said the “40 West” gang seems to be named for U.S. Route 40, which runs across the top of Maryland and through Hagerstown.

“This is clearly a situation where many, many people have been affected by the discrimination and unlawful choices of a select group of people in power,” Eiler said.

MCTC is the reception center for male inmates from Garrett, Allegany, Washington, Frederick, Carroll and Montgomery counties, according to the complaint. It generally houses medium- and minimum-security male prisoners for fairly short stays.