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Nun files lawsuit against UA

By Eric Swedlund
Arizona Daily Wildcat
April 28, 1999
Send comments to:
letters@wildcat.arizona.edu

A former UA employee who was fired from her position at the Flandrau Science Center is suing the university for emotional distress, alleging she was wrongfully dismissed.

Sister Judy Bisignano, who was employed in educational research and development at Flandrau, alleges she was fired June 30 after reporting that a co-worker engaged in actions "which violated (a) state statute."

University of Arizona attorney Lynne Wood, who is handling the matter, could not be reached for comment yesterday. Don Awerkamp, Bisignano's attorney, would not elaborate on the alleged wrongdoing by the other employee.

"It is pretty emotionally upsetting to get fired for doing something the law says you should do," Awerkamp said. "She will always have ongoing loss because of this."

Bisignano is seeking an undisclosed amount of compensatory damages for lost income, diminished earning capacity and emotional distress, as well as punitive damages.

Awerkamp alleged Jack Johnson, Flandrau associate dean of facilities and research, fired Bisignano because, "he didn't want to make the kinds of changes she thought were required."

A staff grievance committee, after hearing Bisignano's appeal, found Sept. 4 that she was laid off "in retaliation" and unanimously recommended her reinstatement as an appropriate remedy, the lawsuit states.

The lawsuit alleges that UA President Peter Likins and College of Science Dean Eugene Levy conspired to deny Bisignano's reinstatement.

Awerkamp said Bisignano was denied the position because the university had eliminated her position and hired somebody else to do the same outreach activities.

Bisignano's suit alleges Likins, Levy and Johnson conspired to deprive her of her employment and equal protection without due process.

Government employees with continued employment have a "property interest" in that job, Awerkamp said.

He said Likins, Levy and Johnson deprived Bisignano of due process by firing her and denying the recommendation for reinstatement.

"They knew that, all three, and yet they decided to first take her job away and then not to reinstate her," Awerkamp said.

Since being fired, Bisignano has been writing grants and looking for substitute employment.

Awerkamp said since the defendants took Bisignano's salary away, which was about $32,000, appropriate punitive damages would be to remove the defendants' salaries for a comparable period of time.

Bisignano also filed suit against Likins' and Johnson's wives because the alleged damages may affect the community property interests of the couples.