AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and Detention Facilities
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disability benefits properly withdrawn following termination for misconduct.
Dacey v. Co. of Duchess, 503 N.Y.S.2d 845 (A.D. 2 Dept. 1986).
Guard's appeal over termination dismissed because he improperly served notice on attorney general instead of the corrections department. Jones v. Department of Corrections, 730 P.2d 112 (Wash. App. 1986).
Arbitrator without authority to follow warden's advice for suspension; dismissal is proper for physically abusing trustee. Musser v. Co. of Centre, 515 A.2d 1027 (Pa. Cmwlth. 1986). Single incidence of misconduct grounds to terminate permanent status employee. Fields v. State Dept. of Corrections, 498 So.2d 174 (La. App. 1986).
One-time intoxicated condition grounds for dismissal; board's tie vote goes in favor of prison officials. Adkins v. Division of Youth Services, 720 P.2d 626 (Colo. App. 1986).
Guard dismissed for not telling supervisor she was on medication. Searcy v. Louisiana Dept. of Corrections, 484 So.2d 773 (La. App. 1986).
Discipline imposed for correctional officers refusing to sign attendance roster at training. Wilkie v. State Correctional Inst., 506 A.2d 507 (Pa. Cmwlth. 1986); and Toland v. State Correctional Inst. at Graterford, 506 A.2d 504 (Pa. Cmwlth. 1986).
Department's failure to serve timely notice doesn't bar discipline. Andrews v. Coughlin, 496 N.Y.S.2d 240 (A.D. 2 Dept. 1985).
Superior's inability to "get along" with subordinates grounds for dismissal. Kearney v. Coughlin, 488 N.Y.S.2d 300 (A.D. 3 Dept. 1985).
Unlike in criminal matters, guard's witnessing testimony in civil matters can incriminate him. Fulginiti v. Cape May Co. Sheriff's Dept., 488 A.2d 250 (N.J. Super. A.D. 1985).
Several employees together signing out on sick leave not grounds to find them guilty of interfering with efficient jail operation. Aiello v. Varelas, 493 N.Y.S.2d 630 (A.D. Dept. 1985).
Superintendent not liable for suspending employee who said superintendent could "stick it up his ass," referring to a parking ticket. Boals v. Gray, 775 F.2d 686 (6th Cir. 1985).
Guard dismissed for stealing and for disobeying request to take sobriety test. Flowers v. State Personnel Bd., 220 Cal.Rptr. 139 (App. 1985).
Correctional sergeant properly dismissed after charged, but not convicted, of growing marijuana. Reece v. Tennessee Civil Service Com'n., 699 S.W.2d 808 (Tenn. App. 1985).
Guard dismissed after lending car to friend, who left marijuana in it. Norris v. State Personnel Bd., 219 Cal.Rptr. 895 (App. 1985).
Court finds guard did not lie on application. State Corr. Inst. at Graterford v. Goodridge, 487 A.2d 1036 (Pa. Cmwlth. 1985).
Guard reinstated after being dismissed for wearing female underwear. Yancey v. State Personnel Board, San Francisco, Recorder, California, 5/1/85.
Union representative's advising guard to resign during pending charge may amount to unfair representation. Smith v. Sipe, 487 N.Y.S.2d 153 (A.D. 3 Dept. 1985).
Corrections officer cannot assert leave policy is vague. Goree v. Dept. of Corrections Wade Corr. Ctr., 468 So.2d 829 (La. App. 1985).
Officials should have discovered employee's new address for service of notice requirements. Department of Corrections v. Pickens, 468 So.2d 1310 (la. App. 1985).
Court sets aside civil service commission's decision and finds guard was properly demoted for striking horse with rifle. Department of Corrections L.A. St. Pen. v. Freeman, 470 So.2d 962 (La. App. 1985).
Guard properly dismissed for making personal calls instead of being attentive to escape. Department of Corrections v. Morgan, 469 So.2d 13 (La. App. 1985).
Suspended officer not entitled to sworn testimony of witnesses. Matter of Stowman, 491 A.2d 1275 (N.J. App. 1985).
Tearing up statement grounds for dismissal. Malone v. Dept. of Corr., L.A. Training Inst., 468 So.2d 839 (La. App. 1985).
Guard's failure to observe escaping prisoner grounds for dismissal. Jiminez v. Department of Corrs., 689 P.2d 1266 (N.M. 1984).
No damages awarded in defamation action over radio broadcast of deputy's complaints. DeBerry v. Knowles, 321 S.E.2d 824 (Ga. App. 1984).
Dismissal for failure to work overtime improper. Edwards v. Dept. of Corrs., 461 So.2d 678 (La. App. 1984).
Correctional corporal's termination for pandering upheld, even though suspension was improperly handled. Burhmann v. Selletin, 352 N.W.2d 907 (Nebh. 1984).
Prison security officer properly dismissed for inaccurate head-count leading to delay in detecting inmate escape. Lambert v. Dept. of Corrections, 451 so. 2d 1240 (La. App. 2984); Philson v. Department of Corrections, 451 So.2d 1311 (La. App. 1984).
Guard properly demoted for beating horse with firearm. Dept. of Corrections, La. St. Pen. v. Freeman, 449 JSo.2d 551 (La. App. 1984).
Guard dismissed for leaving letter containing racial slurs where inmates could see it. Md. State Dept. of Personnel v. Sealing, 471 A.2d 693 (Md. 1984).
Guard's inexcusable comments to superiors not grounds for demotion. Spencer v. Civil Service com'n, 313 S.E.2d 430 (W. Va. 1984).
Female guard's sexual intercourse with prisoner is a misdemeanor not subject to charges of criminal misconduct in office. State v. Schmit, 340 N.W.2d 752 (Wis. App. 1983).
Guards should not have been dismissed for inmate's escape. Moreland v. Paule, 659 S.W.2d 609 (Mo. App. 1983).
The following case concluded guard was remiss in duties allowing inmate to escape. Dept. of Corrs. v. Morgan, 440 So.2d 785 (La. App. 1983).
Dismissal of correctional officer was proper while criminal charges were pending; officer not entitled to automatic reinstatement once charges were dismissed. Lacey v. Coughlin, 468 N.Y.S.2d 706 (App. 1983).
Dismissal of county jailer by commissioners unsatisfied with his work upheld. Walker v. Bd. of Co. Com'rs. of Brule, 337 N.W.2d 807 (S.D. 1983).
Dismissal of correctional guard too harsh a punishment compared to his misconduct. Fox v. Finnerty, 466 N.Y.S.2d 83 (App. 1983).
Jail supervisor dismissed for assaulting inmates. In Re Goddard, 457 A.2d 637 (Vt. 1983).
Arbitrator reinstates guards who were dismissed for allegedly allowing escape. Rhode Island Council 94 v. State, 456 A.2d 771 (R.I. 1983).
Guard's suspension upheld. Walker v. Dept. of Corrections, La. State Pen., 428 So.2d 1105 (La. App. 1983).
Administrative decision to dismiss guards for using excessive force on an inmate was proper. Civil service board decision to reduce punishment was overturned. Dept. of Corr., La. State Penit. v. Barrere, 431 So.2d 782 (La. App. 1983).
Parole officer dismissal was proper. Refused to answer questions during investigation. State, Dept. of Corrs. v. Gallagher, 334 N.W.2d 458 (Neb. 1983).
Guard suspended for violation of prison rule in not disclosing information during investigation of fellow guard/inmate association. Walker v. Dept. of Corrs. La. State Penit., 428 So.2d 1105 (la. App. 1983).
Sheriff's action in discipline of deputy warden's violated his due process rights. Also, jail rules to broad when they impacted on deputy warden's free speech rights associated with criticism of department in writing letter to newspaper. Salerno v. O'Rourke, 555 F.Supp. 750 (D. N.J. 1983).
Dismissal of three county detention center employees for violations of rules was not basis for 1983 claim. Fritz v. Norblad, 566 F.Supp. 1459 (D. Ore. 1983).
Guard's oral waiver of procedural safeguards in disciplinary matter was O.K. Dismissal upheld. Miller v. Coughlin, 452 N.E.2d 1241 (N.Y. 1983); reversing 447 (N.Y.S.2d 750 (App. 1982).
No liability to prison officials for evicting striking guards from government housing during employee strike. Engblom v. Carey, 572 F.Supp. 44 (S.D. N.Y. 1983); on remand from 677 F.2d 957 (2nd Cir. 1982).
Discharged guard entitled to attorney fees in case against government employers. Johnston v. Jago, 691 F.2d 283 (6th Cir. 1982); Brule v. Southworth, 552 F.Supp. 1157 (D.R.I. 1982).
Retaliatory dismissal of prison bookkeeper for release of information to state prison study commission may be improper. Reel v. Arkansas Dept. of Corr., 672 F.2d 693 (8th Cir. 1982).
No vagueness to state statute prohibiting introducing contraband into prison; criminal conviction of guard upheld. Greenway v. State, 413 So.2d 23 (Fla. 1982).
City jailer dismissal for use of excessive force on inmates was proper. Varela v. city of Reno Civil Service Com'n, 635 P.2d 577 (Nev. 1981).
Guard cannot be dismissed for same off-duty standards imposed on law enforcement officers. Grievance of O'Neill, 347 N.w. 2d 887 (S.D. 1981).
Sheriff is criminally convicted of furnishing contraband and facilitating escape. Comm. v. Booth, 435 A.2d 1220 (Pa. App. 1981).
Dismissal of guard for insubordination and other behavior adversely affecting the efficient and orderly operation of the prison was proper. Portis v. Dept. of Corrs., 407 So.2d 435 (La. App. 1981).
Guard dismissal for possession of marijuana at prison facility upheld. Stone v. Com., State Corr. Inst. at Graterford, 422 A.2d 1227 (Pa. App. 1980). Court upholds prison's firing of guard for five-day unauthorized absence. McEvers v. Department of Corrections, 615 P.2d 307 (Okla. App. 1980).
Guard dismissed for failing to take an "unconstitutional action" against inmate has civil rights claim against county. Harley v. Schuylkill Co., 476 F. Supp 191 (E.D. Pa. 1979).
Conviction of Pennsylvania deputy warden for "official oppression" upheld by Pennsylvania Superior Court. Commonwealth v. Manlin, 441 A.2d 532 (Pa. Super. 1979).
West Virginia Court upholds dismissal of prison guard for refusal to obey order of superior officer; court finds substantial compliance with due process requirements. Bone v. West Va. Dept. of Corrections, 255 S.E.2d 919 (W. Va. App. 1979).
Membership in KKK by itself, is insufficient ground for terminating New York correction officer's employment. Curle v. Ward, 416 N.Y.S.2d 549 (N.Y. 1979).
Prison employee's receipt of money order from inmate's mother did not violate Louisiana prison rules; termination reversed. Ray v. Louisiana State Penitentiary, 372 So.2d 252 (La. App. 1979).
For earlier discussions see: Turk v. Nevada State Prison, 575 P.2d 599 (Nev. 1978); Parkhill v. Civil Service Com'n., 374 N.E.2d 254 (Ill. App. 1978); Hall v. Ault, 242 S.E.2d 101 (Ga. 1978); Searles v. Malcolm, 403 N.Y.S.2d 5 (App. 1978); Szmaciarz v. Cal. State Pers. Bd., 145 Cal.Rptr. 396 (App. 1978).
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