Appellate panel reverses a trial court order that overruled an Ohio State Personnel Board of Review decision that reduced the penalty of a deputy sheriff from termination to a suspension and reinstatement. The trial court exceeded its authority by substituting its judgment for that of the Board. Franklin County Sheriff v. Frazier, #07AP-363, 2007-Ohio-7001, 2007 Ohio App. Lexis 6147 (10th Dist. 2007).
     Utah appellate court reverses a civil service board ruling that overturned the termination of a fire captain. The board improperly ignored a sexual harassment allegation because the subordinate voluntarily participated in the banter. Consent can affect the degree of punishment, but does not excuse a violation of agency policy. Ogden City v. Harmon, #20031030-CA, 2005 UT App 274, 116 P.3d 973, 2005Utah App. Lexis 297 (2005). [2006 FP Apr]
           Wisconsin Supreme Court interprets statutes providing judicial review and collective bargaining to allow a terminated public employee to appeal to the courts, or force binding arbitration -- but not both. Eau Claire Co. v. Teamsters L-662, #98-3197, 2000 WI 57, 235 Wis.2d 385, 611 N.W.2d 744. {N/R}
     Nevada supreme court reinstates corrections official who was terminated for improper use of inmate labor. Courts should not substitute a different penalty if supported by substantial evidence. Knapp v. Dept. of Prisons, 111 Nev. 420, 892 P.2d 575, 1995 Nev. Lexis 31. [1995 FP 163-4]
     Court could not reverse personnel board decision without statutory review authority. O'Connor v. Oakland Co. Sheriff's Dept., 426 N.W.2d 816 (Mich. App. 1989).
     A police lieutenant, who was fired and reinstated as a sergeant by the Civil Service Cmsn, could bring a damage action for "severe anxiety, worry, mental, physical and emotional distress" for his improper firing by the County. The issue of wrongful termination need not be relitigated, because of the doctrine of collateral estoppel. Neither could he seek court-imposed reinstatement at the rank of lieutenant, for the same reason. Knickerbocker v. City of Stockton, 199 Cal.App.3d 235 at 245 (1988). {N/R}
     Right to court review in some states is limited to a constitutional violation. McFadden v. Gideon, 639 S.W.2d 43 (Tex App. 1982).