BUFFALO, N.Y. — New York state is no longer seeking as severe penalties for correction officers who participated in the unsanctioned prison strike that ran from Feb. 17 to March 10.

Last week, the state said it would not seek incarceration of up to six months for officers and now, attorney Ralph Lorigo said the state indicated it won't go after the officers' money either. 

"They have eliminated $3.5 million per day, but they still want contempt because I still think they realize we are going to sue them for wrongful termination and they want to have an argument," Lorigo said.

The state originally named specifically 331 officers in the lawsuit for violating the Taylor Law, which prohibits most public employees from striking. Lorigo said due to officers returning to work, the attorney general has pared that number down to 65, of which he represents roughly 40.

"To me, that's still a problem because for people who were wrongly terminated, people who were on family leave, workman's comp or medical leave, for those people who were wrongly terminated, a judgment of contempt puts them in a bad light in a wrongful termination lawsuit," Lorigo said.

The attorney said the judge directed both sides to work together to see if they can trim the list of named officers more. However, even if that's the case, he believes there were still procedural issues.

Lorigo said he represents about 300 more COs, listed as John and Jane Doe, and doesn't believe a contempt judgment is acceptable.

"What I'm looking to do is bring a class action lawsuit against the state," he said.

Lorigo said he will seek damages for those who had authorized leave and were still terminated or forced to resign. He said he also plans to sue the governor for issuing an executive order barring state agencies and, at least temporarily, local governments from hiring former officers who participated in the strike.

"In my legal opinion, her blackballing these people that they cannot take any other state agency job is totally illegal, totally improper, totally heavy-handed," Lorigo said. I called it the 'heavy hand of Hochul.' "

Two counties, Chemung and Oneida, have already filed a lawsuit over the so-called "blackballing," arguing among other things it violates their home rule rights to govern.

"It's been very difficult for us, as it has for other counties, to hire correction officers and we've been running at a very severe vacancy rate for a number of months now and really years," Oneida County Executive Anthony Picente said.

The next status hearing in Erie County court will take place virtually, April 11, at 11 a.m.