CONCORD — The New Hampshire Department of Corrections has been taken to court by its corrections union president, over what he describes as unfair treatment that kept him out of work and without benefits for more than a year.

Mark Jordan, 43, of Manchester, who is chapter president of New England Police Benevolent Association Local 250, representing more than 300 unionized prison workers across New Hampshire, claims in a suit that the corrections department dismissed him on trumped-up charges and has not yet adequately compensated him.

“I want my name cleared,” said Jordan, who was acquitted on criminal assault charges involving a sergeant in the prison parking lot March 10, 2010.

Two days after the fight, which had at least two witnesses, he was suspended without pay and benefits.

On Feb. 25, Concord District Court Judge Gerard Boyle found him not guilty of the simple assault charge and he was returned to work two days later with $29,000 in back pay.

But he says that does not compensate for the canceled medical coverage and the pain and suffering of his wife, Pam and their 8-year-old daughter, “who couldn't even get her regular pediatric check-up.”

“I want it so that this never happens to any other employee of the department. It has a long history of unusual circumstances related to suspensions.”

He said he wants the department to be accountable.

“How do we change the system?” he said during a break in the trial yesterday.

Eight women and five men are sitting on the civil jury, which began with Jordan's attorney, Chuck Douglas, showing how the department was intent on harming the union chief and its leadership and took actions that were inappropriate.

The state maintains that the department acted properly in its handling of the incident, which was investigated by state police, and that Jordan was living in some sort of “fairy tale” world.

Seated in the gallery at the trial Tuesday were Corrections Commissioner William Wrenn and Concord State Prison Warden Richard Gerry.

Assistant Attorney General Lynmarie Cusak is handling the state's defense.

Cusak claims Jordan's assertions are baseless.

Jordan also alleges he was persecuted for being one of the first whistle-blowers to say that there would be trouble implementing House Bill 500, a measure that allows inmates to be released nine months before their maximum sentence.

He said he believes that his vocal concerns for safety for both his union members and those locked inside the state prison were not adequately addressed by the department.

House Bill 500 became a political issue during the gubernatorial election and has since been modified to deal with some of the concerns outlined by critics such as Jordan.

On the stand Tuesday morning was Corrections Cpl. Stephen Isabelle, a witness to the scuffle in the prison parking lot that led to the criminal charges and thus the suspension. He is also an active member of the union leadership.

He said the parking lot scuffle was provoked not by Jordan but by Sgt. Thomas Messina, who came into the parking lot as the shift ended, spoke angrily in the direction of Jordan, stripped out of his uniform to T-shirt and pants, and shouted to Jordan that he wanted to fight.

Isabelle said Jordan told him to get in his truck and leave, but Messina charged toward Jordan and stood in his face.

Isabelle said he and another guard pulled the two men apart after they began to tangle.

Jordan is seeking unspecified compensation and attorney fees from the jury and he said he would also like an apology from his employer.