Database Search Result Details
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First Name
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James
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Last Name
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Smith
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Decision Date
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1/20/2021
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Docket Number
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2020-0541-MAPS
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ALJ
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WBM
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Prisons and Jails
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Employment Type
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STATE
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Job Title
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Correctional Officer 5
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent had good cause to terminate Grievant.
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Outcome
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Denied
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Statutes
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Related Cases
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Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); Cobb v. Dep’t of Admin./General Services Div., Docket No. 97-ADMN-404/455 (May 26, 1999); Wiley v. Dept. of Natural Res., Docket No. 96-DNR-515 (March 26, 1988); Lilly v. Dep’t of Transp., Docket No. 07-DOH-387 (June 30, 2008)
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Keywords
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Termination; Policy Violation; Misconduct; Use of Force; Physical Assault of an Inmate; Mitigation
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant, a Correctional Officer 5 with the rank of Lieutenant, was dismissed from employment for violations of DC&R policies resulting from twice striking a shackled and defenseless inmate in the face with no physical provocation. Grievant admitted to the misconduct but argues that the dismissal is too sever due to his long successful employment history, and his immediately self-reporting of the misconduct, and other employees receiving a lesser penalty for similar infractions. Respondent proved that mitigation was not justified because of the heinous nature of Grievant’s action and, as a high-ranking supervisor, he was expected to be a role model and therefore held to a higher standard that subordinate officers.
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