Database Search Result Details
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First Name
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Lester
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Last Name
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Thompson
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Decision Date
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7/30/2026
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Docket Number
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2026-0417-DHS
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ALJ
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JSF
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Respondent
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DIVISION OF HOMELAND SECURITY/HUTTONSVILLE CORRECTIONAL CENTER AND JAIL
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Employment Type
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STATE
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Job Title
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Unit Manager
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Topics
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Suspension/ Back-Pay
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Primary Issues
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Whether Respondent can prove by a preponderance of the evidence that Grievant used unnecessary force and failed to follow use of force protocol, thus proving the suspension was justified?
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Outcome
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DENIED
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Statutes
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W. VA. CODE ST. R. § 156-1-3 (2018).
W. VA. CODE § 6C-2-5(a)
W. VA. CODE §51-11-4(b)(4)
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Related Cases
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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).
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Keywords
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necessary use of force, aggressive or confrontational, use of force procedures, appropriate discipline, reasonable standard of performance, Policy Directive 129.00, Policy Directive 307.00
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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 received a 40-hour disciplinary suspension after he pushed an inmate out of the way as they walked through a doorway from opposite directions. Respondent proved that Grievant used unnecessary force and failed to follow use of force protocol, thus proving the suspension was justified. Accordingly, the grievance is DENIED
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