Reinstated nurse blames police for firing
January 12, 2003
Las Vegas Review Journal

On the night of July 14, University Medical Center nursing supervisor Sandy Francescon was on a hot streak at the Gold Coast.

But after winning roughly $1,250, what seemed like a great night turned into one Francescon described as the worst of her life -- one that would involve an ugly and embarrassing confrontation with police and her arrest on a disorderly conduct charge.

That, in turn, resulted in the loss of her job of 12 years and allegations that a group of Las Vegas officers went out of their way to get her fired.

Specifically, 32 officers signed a petition to the county hospital that detailed Francescon's arrest. Two officers actually responded to the incident at the casino.

"They've basically ruined my life," Francescon said in an interview earlier this month. "We have no money, they shut off our phone two weeks ago, and we've had to pawn all our jewelry. It's been horrible."

Last week, Francescon and her Las Vegas attorney, Barry Levinson, filed a lawsuit alleging the officers overstepped their bounds when they submitted the petition to Francescon's supervisors.

The lawsuit alleges Francescon's privacy was invaded and her civil rights were violated.

"It's outrageous," Levinson said. "They had no right to do what they did."

Las Vegas police declined comment, as did University Medical Center and the Gold Coast, which also are named in the lawsuit.

The series of events that led to her arrest started at the casino's blackjack tables, where Francescon was beating the house.

"I had really gotten on a roll," she said.

Francescon's husband, Lance, who also is a nurse at the county hospital, showed up and asked his wife to leave, but she did not want to because she was winning. He then asked a Gold Coast pit boss to cut off his wife, which was done. She was furious.

"I was just sitting there minding my own business," she said. "I wasn't bothering anyone."

"I was like, `Wait a minute, I don't want to quit playing,' and the pit boss said, `I don't care. You are done,' " she recalled.

Hotel surveillance tapes captured the incident. Francescon is shown standing at the table, showing Gold Coast security her identification. She also is shown repeatedly pointing her finger at a number of casino employees.

Francescon was eventually was handcuffed and began screaming. She was then physically picked up and carried into a back room, where she repeatedly complained the handcuffs were too tight, saying she has carpal tunnel syndrome. She eventually vomited out of apparent hysteria.

During the incident, Francescon repeatedly threatened to sue officials, and she is heard using extremely vulgar language.

"I was upset," she said. "I didn't think that all of this was necessary."

Las Vegas police officers eventually arrived. They are depicted on tape giving just a passing glance to Francescon as she tried to explain what happened. She was arrested and taken to the Clark County Detention Center.

She was videotaped there by detention center employees, who claimed she was being uncooperative at the jail.

Francescon spent the night in jail on disorderly conduct and trespassing charges. But when she went to court the following week, she discovered on the calendar that no charges had been filed. To this day, she has not been prosecuted.

But shortly after her arrest, Francescon said she received a phone call from hospital officials who told her to be at work with her union representative. She was suspended pending termination and eventually fired, she said.

Levinson said he believes hospital administrators had at least one tape of the incident within days of Francescon's arrest. And Levinson said he has paperwork documenting the fact that, within hours of the arrest, one of the officers involved was in the emergency room, where Francescon was a supervisor.

Levinson said what concerns him most is the way police took it upon themselves to get a petition to Francescon's employer.

The petition said Francescon told officers she would make sure they would not receive medical service if they ever came in wounded.

"We as Metro officers are concerned for our well-being and future health care at UMC's emergency department," the petition reads.

"We received threats from an arrestee on July 15th," the officers wrote. "Sandy Francescon stated she was a nurse manager in the emergency department at UMC, and she stated numerous times amongst various individuals that she would make sure we would not be treated."

The petition goes on to say that their relationship "with the nurses and doctors has always been positive and we want to keep it that way."

"We are hoping you take these threats as seriously as we do," the petition says.

The petition is signed by 32 officers. Each included their badge numbers next to their names.

After Francescon was fired, she filed a grievance through the union, and her case was brought before a hearing officer employed by the hospital.

UMC administrators told the hearing officer, Tracy Puckett, that Francescon was fired for violating personnel policies and "interfering with UMC's ability to do its job."

Francescon's union representative, Carlos Henderson, said there is no proof any threats were made to the officers and that the investigating manager for the hospital on the case went on a "smear campaign."

Francescon said that, during her arrest, the only thing she told the officers was that they shouldn't expect "any favors" at the hospital. She said that was a reference to her past practice of getting them coffee and immediately treating their wounded suspects.

"UMC neglected to investigate whether this employee was in need of Employee Assistance Program for problem drinking or gambling, but instead suspended pending termination," Henderson said during Francescon's hearing. "(Francescon) may have violated UMC's ethics code, but this infringement was not egregious enough for this severe a discipline."

Puckett agreed, ordering Francescon hired back. She also awarded Francescon back pay.

"It is the decision of this hearing officer, that based on an incomplete and unfair investigation carried out by management that the discipline be reduced to a five-day suspension," Puckett wrote.

Francescon, who has yet to return to work but expects to be back shortly at the hospital's cancer ward, denied she was drunk at the time of her arrest. She said she had two glasses of wine.

Allen Lichtenstein, an attorney for the American Civil Liberties Union of Nevada, said he is "very bothered" that the police took it upon themselves to get actively involved in Francescon's employment situation.

"That is not their job," Lichtenstein said.
Lichtenstein said police don't sacrifice their rights to voice their opinions when they become officers, but that their involvement was inappropriate because it was done under the color of authority.