Database Search Result Details

First Name Wayne
Last Name Banks
Decision Date 4/17/2020
Docket Number 2019-1354-MAPS
ALJ CHL
Respondent Division of Corrections and Rehabilitation/Bureau of Prisons and Jails
Employment Type STATE
Job Title Booking Supervisor
Topics Suspension
Primary Issues Whether Respondent proved by a preponderance of the evidence that Grievant engaged in misconduct and the 24-hour suspension without pay imposed was justified. Whether Grievant proved by a preponderance of the evidence his claims of discrimination and favoritism and whether mitigation of his suspension was warranted.
Outcome Denied
Statutes W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 6C-2-2(d); W. Va. Code § 6C-2-2(h)
Related Cases Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001) (per curiam); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003); Baker v. Bd. of Trs./W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998); Harrison v. W. Va. Bd. of Drs./Bluefield State Coll., Docket No. 93-BOD-400 (Apr. 11, 1995); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995), aff’d, Kanawha Cnty. Cir. Ct. Docket No 95-AA-66 (May 1, 1996), appeal refused, W.Va. Sup. Ct. App. (Nov. 19, 1996); Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Olsen v. Kanawha County Bd. of Educ., Docket No. 02-20-380 (May 30, 2003), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 03-AA-94 (Jan. 30, 2004), appeal refused, W.Va. Sup. Ct. App. Docket No. 041105 (Sept. 30, 2004); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); Cooper v. Raleigh County Bd. of Educ., Docket No. 2014-0028-RalED (Apr. 30, 2014), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 14-AA-54 (Jan. 16, 2015)
Keywords Suspension; Release; Inmate; Discrimination; Dismissal Order; Favoritism; Arbitrary and Capricious; Mitigation; Erroneous; Error; Booking; Discipline; Charges; Custody; Misinterpret
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis At the times relevant herein, Grievant was employed by Respondent as the Booking Supervisor. While Grievant was serving as shift supervisor, he reviewed a Dismissal Order issued by the Circuit Court and approved the release of an inmate for extradition to Virginia. Three months later, Respondent reviewed the Order and determined that that the inmate was released in error. Grievant was suspended without pay from employment for twenty-four hours for approving the release. Grievant argued that he did nothing wrong and the Dismissal Order was confusing. Grievant also raised claims of discrimination and favoritism in that no one else involved with the release was disciplined. Respondent proved its claims by a preponderance of the evidence. Grievant failed to prove his claims of discrimination and favoritism by a preponderance of the evidence. Grievant also failed to prove that mitigation of his discipline was appropriate. Therefore, this grievance is DENIED.

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