From the Daily News:
Manhattan U.S. Attorney Lev Dassin says the city violated Assistant Deputy Warden Emilio Pennes' civil rights by requiring him to appear for a 2007 interview even though the Army had ordered him to Florida.
In February 2007, the Army ordered him to report to Orlando, Fla., to oversee a unit that provides medical and psychological support to soldiers returning from Iraq.
While there, he was told he would have to return to New York to interview for the deputy warden job on March 29, 2007. Pennes' offer to be interviewed by phone was turned down, prosecutors say.
Despite ranking first among 13 candidates for the job, Pennes was passed over, prosecutors say. Seven others were chosen before him.