YOUNGSTOWN — A former nurse at the Mahoning County Juvenile Justice Center has filed suit in federal court against Mahoning County Juvenile Court Judge Theresa Dellick.

The suit, brought by Sabrina Bolen of Austintown, alleges the judge retaliated against Bolen and fired her Aug. 31, 2020, because Bolen was planning to take family leave for a pregnancy.

The judge, meanwhile, maintains that Bolen was fired “because (Dellick) lost faith in (Bolen) as a employee.”

At a hearing Monday at which the facts of the case were discussed, Judge Benita Pearson set another telephone hearing for 11 a.m. Sept. 13 and filing deadlines into early 2022.

The suit, which was filed in January, alleges that Bolen worked as a licensed practical nurse at the Mahoning County Juvenile Detention Center from April 2016 until Aug. 31, 2020.

Sometime during August 2020, Bolen was with a juvenile who had been transported to a hospital because of a medical issue, the suit states.

While the juvenile was at the hospital, his mother visited him and unknown to Bolen, she broadcast her visit on Facebook Live.

It is against policy for juveniles in detention to use social media, the suit states.

When Bolen discovered that the juvenile was being broadcast on Facebook Live, she told him he was not allowed to use his mother’s phone, but the juvenile responded that a corrections officer told him it was OK, the suit states.

Bolen advised her supervisor later of the incident and stated that the detention center’s transportation policy did not address how an incident like that should be handled. Bolen later “created a protocol for juveniles who are in the hospital, which became ‘Step 5’ of the (detention center’s) transportation policy,” the suit states.

Later that week, Bolen was placed on paid administrative leave pending an investigation. She was fired the following Monday. She was about seven months pregnant and planning to take leave under the Family Medical Leave Act for the birth of her child, the suit states.

She alleges she was “treated more harshly and terminated because of her pregnancy and because she exercised her rights under the FMLA,” the suit states. Her request for leave “constitutes activity protected by the FMLA,” it adds.

The suit alleges Dellick fired her “because she was pregnant” and constitutes “gender discrimination in violation of the Ohio Civil Rights Act.”

The suit seeks economic and non-economic compensatory damages and attorneys fees.

A response to the lawsuit filed in February by an attorney for the judge asks that the lawsuit be dismissed and denies Bolen’s allegation that the juvenile’s mother broadcast her visit on Facebook Live.

It denies that Bolen created a protocol for juveniles but agrees that Bolen was placed on paid leave later that week pending an investigation. It agrees Dellick fired Bolen Aug. 31, 2020.

The Dellick response says that at the time Dellick fired Bolen, the judge was “in the process of planning coverage for (Bolen’s) planned absence….”

As for Bolen’s allegation that she was “treated more harshly and terminated because of her pregnancy,” the Dellick response states that the judge also terminated a male employee who also was present during the incident that led to Bolen’s termination. That employee was not seeking FMLA leave.

The judge’s response denies that the judge retaliated against Bolen for requesting FMLA leave because of her pregnancy or that the judge violated Bolen’s FMLA rights or committed gender discrimination.

The judge’s filing also states that she is entitled to immunity from punitive damages under Ohio law, and Bolen’s claims are barred for failure to “exhaust administrative and statutory remedies.” It states that Dellick’s actions were “reasonable and in good faith.”

erunyan@tribtoday.com