Florida county corrections director claims he was fired for reporting excessive use of force

After reporting officers for excessive force against an inmate, a Florida corrections director alleged he was consequently forced to move offices, go on administrative leave, and ultimately to leave his position. 

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Key Players

Mark Flowers, former director of the Volusia County corrections system, was initially hired in 2014 and became corrections director in 2017 before his termination in January 2023. 

George Recktenwald has served as the Volusia County manager since 2019.

Mark Swanson is the Volusia County public protection director and Flowers’ direct supervisor.  

Further Details

According to court documents, Flowers was brought in as director to change the “culture” of the corrections system in Volusia County. From 2014 until May 2022, Flowers claimed, he was frequently told that he was doing an excellent job and received good performance reviews. In fall 2021, Swanson offered Flowers a promotion to become his deputy director. 

However, in April 2022, an inmate accused corrections officers of using excessive force, the Daytona-Beach News Journal reported. The inmate claimed he was repeatedly slammed against a wall and the floor and was badly injured as a result. Flowers contends that on May 12, he submitted a formal complaint, requesting an internal affairs investigation into the incident.

On May 25, the alleged retaliation began: Flowers said his superiors told him to start working half days and prevented him from visiting county jails or attending county council meetings. Six days later, Flowers was allegedly asked to work from home full time. 

In June, Flowers was diagnosed with cancer and went on medical leave. During this time, Swanson allegedly spread rumors about Flowers, including that his cancer was affecting his work. Flowers asserts that when he returned to work on Aug. 3, he was removed from his office and forced to work in a conference room. Around the same time, Recktenwald reportedly told Flowers, “When you took over the Division, all I would get from people is how good of a job you are doing, now all I’m getting are complaints and people not happy with your leadership style.”

On Aug. 12, Flowers filed another complaint detailing the initial claim of abuse by corrections officers and Recktenwald’s attempts to conceal it. Later that day, Recktenwald contacted Flowers. Reportedly, he told Flowers, “I don’t know what I am going to do with you now. You have put me in a difficult position now that you have sent your formal complaint to all my bosses. The jury is still out.” Three days later, Flowers was placed on administrative leave.

Flowers remained on administrative leave until Dec. 9, when the county moved to fire him. The county claimed he had created a hostile work environment and violated inmates’ rights, the Observer reported. The county’s investigation into Flowers, which began with an email complaint about him sent to human resources on May 20, included allegations that he yelled at and threatened employees’ jobs. It also claimed Flowers had ordered inmates to a disciplinary unit without due process and once moved an inmate on suicide watch to a dorm with multiple other inmates and only one corrections officer. When an employee refused to carry out this order, Flowers allegedly got angry and sent the employee home. In response to those allegations, Flowers’ lawyer said, “The decision to terminate Mark Flowers is retaliation. … It is unnecessary, unfortunate and unwarranted.” 

Around the same time, the Florida Department of Law Enforcement finished its investigation into the initial excessive force incident Flowers called attention to and found no reason to bring charges against anyone involved, the News Journal reported.

Flowers was officially fired on Jan. 6, 2023.

Outcome 

Flowers sues

On July 3, Flowers filed a lawsuit, alleging that the county had violated a Florida law protecting whistleblowers by retaliating against him for reporting the incident. The lawsuit seeks both front and back pay, as well as damages for emotional distress. Flowers’ lawyer, Kelly H. Chanfrau, stated that this was just the start of the lawsuit and additional counts and defendants would be added in the future.

Swanson and Recktenwald added to the lawsuit 

In September 2023, Flowers added Swanson and Recktenwald as defendants in his lawsuit. It now alleges First Amendment violations by Swanson, Recktenwald, and the county, as well as violations of the Americans with Disabilities Act and the Family and Medical Leave Act. 

In a statement to the News Journal, county spokesperson Michael Ryan claimed that Flowers was not fired in retaliation, but because of actions “characterized by a reluctance to accept personal accountability for his actions and a tendency to attribute fault to others.”

Ryan also said Flowers chose “to continually place blame elsewhere even though the claims he brought against his own staff have been discredited by an internal affairs review and the Florida Department of Law Enforcement.” 

As of Oct. 17, there were no further developments.