As our society continues its long, so-far largely fruitless quest to find corrections programs which actually correct, it is essential that we be able to experiment, innovate, and see what works. See Brief for Criminal Justice Legal Foundation as Amicus Curiae in Pennsylvania Dept. of Corrections v. Yeskey , No. Although we are informed that the state did eventually prevail on remand in Yeskey , the damage is done by the litigation itself. Finally, there is the present case, Alabama Dept. of Youth Services v. Ash. Correctional facilities must be staffed around the clock.
Shift work is undesirable, to put it mildly.
Assignment of personnel to shifts involve many considerations. Seniority rights, collective bargaining agreements, rewarding good performance, accommodating working parents, and keeping a mix of experienced personnel with rookies on all shifts are a few of the important considerations. Respondent Milton Ash, a Security Officer with Alabama Department of Youth Services was diagnosed with sleep apnea, and his doctor recommended he work the day shift. Ash further alleges that other officers were placed in the first shift, but he was not. He does not allege that the administration did not have valid management reasons for their decision.