OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Excessive Force

Termination

Termination

Although reasonable persons could disagree with conclusion that videotape of incident showed officer used excessive force, in a non-union environment, a court is without authority to substitute its judgment for that of a civil service board as to either the officer’s culpability or punishment.

Brown v. Bossier City, 2004 WL 2634530 (La.App. 2004).

Sexual Misconduct

Termination

Reinstatement

“Brief sexual act” between on-duty deputy and civilian ride-along. Arbitrator disregarded testimony from local DA that District Attorney’s office could not work with deputy in the future, and instead relied on testimony from Sheriff’s Department employees that deputy could continue to function in job. Arbitrator ordered make-whole remedy, but remanded case to parties to agree upon an appropriate remedy.

County of Shasta, California, 120 LA 377 (Pool, 2004).