Last Updated

22 Nov 2005

Source: Newsday, October 27, 2005.

Washington Postal workers seek to revive lawsuits over anthrax

By DERRILL HOLLY, Associated Press Writer

WASHINGTON -- More than four years after they were exposed to anthrax, employees who worked at a Northeast Washington mail facility tried Thursday to revive lawsuits against the U.S. Postal Service.

They asked a three judge panel from the Circuit Court of Appeals to reinstate a pair of cases against the postmaster general and local postal service managers. The lawsuits contend that workers at the Brentwood postal facility were deliberately kept on the job for four days after officials knew they had been exposed to weapons-grade anthrax in letters sent to Capitol Hill.

Both lawsuits contend postal employees were repeatedly told their workplace was safe, even though congressional office buildings where the letters were received had closed. Lawyers for plaintiffs in both cases noted that 10 percent of the congressional staffers were minorities compared to 93 percent of the mail center's staff.

"They only told the lies to the black people," said Gregory L. Lattimer, an attorney representing Leroy Richmond (case 14), one of 17 people who contracted inhalation anthrax and recovered. Richmond, 61, of Stafford, Va., is seeking $50 million in damages. Lattimer said if the case is reinstated, he will be able to prove that Brentwood employees were deliberately misled.

"They were told there was no contamination and closing Brentwood would cost the postal service $600,000 a day," Lattimer said. Two employees, Joseph Curseen Jr., 47, (case 16) of Clinton, Md., and Thomas Morris Jr., 55, (case 15) of Suitland, Md., died of the disease.

A postal distribution and processing facility in Hamilton, N.J., that handled anthrax-laced letters, including one to NBC's Tom Brokaw, reopened in March after being shut for 3 1/2 years.

Brentwood was closed Oct. 21, 2001, and 2,100 employees were encouraged to report for health screenings and given antibiotics. The building was shut for 26 months and underwent an elaborate decontamination process at a cost exceeding $130 million.

"The defendants told them they had nothing to fear," said Dale Wilcox, an attorney with Judicial Watch. The nonpartisan advocacy group is representing postal workers and a support group called Brentwood Exposed.

Plaintiffs in both cases appealed after lower courts blocked the lawsuits. Rulings could be released in months, but attorneys for the plaintiffs say the cases may ultimately be decided by the Supreme Court.

While postal service lawyers concede congressional staffers were treated differently than postal workers, they deny any discriminatory intent. They said employees have been free to pursue their claims through regular human resources channels.

"All of our lives were put in jeopardy," said Dena Briscoe of Clinton, Md., a former Brentwood clerk now lead plaintiff in the class action case. While few employees still complain of physical effects they attribute to the incident, many say the emotional damage remains.

"Whenever we hear about anthrax being in the mail, it still brings up the memories," Briscoe said.