Prison captain settles discrimination lawsuit

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A prison captain who accused the state of discriminating against him after he complained about graffiti at the State Correctional Institution Pittsburgh has received a settlement, according to documents provided to the Pittsburgh Post-Gazette Monday following a request under the state public records law.

Jon P. Tustin, of Waynesburg, who was 49 at the time he filed his complaint in September, will receive $9,000 under the settlement agreement with the state. He will be on paid leave from the date of the agreement, which is June 7, until the end of September. Then he will retire, and he has agreed never again to seek state employment, according to the agreement.

The state does not admit liability under the settlement.

Mr. Tustin had claimed that he faced discrimination based on his age and gender. His lawsuit claimed that he had complained since 2010 about sexual graffiti at SCI Pittsburgh, and when he turned to the confidential employee counseling program, his concerns were shared with management. He alleged that he was then denied promotions beyond the rank of captain, resulting in the loss of potential earnings.

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