OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming, Off Duty

3-Day Suspension

3-Day Suspension

Officer was involved in off-duty altercation with another police officer. Court found that officer acted in self defense, but also concluded that discipline was not precluded by the fact that the actions were in self defense.

Patrick v. City of Jennings, 2009 WL 3633808 (Mo. App. 2009).

Insubordination

4-Day Suspension

4-Day Suspension

Corrections officer refused to obey a lieutenant’s order reassigning her to work in a control area, and went home instead. Defense that the officer was not warned of the consequences of leaving rejected since officer had recently received a three-day suspension for breaching the same rule.

State of Michigan, Department of Corrections, LAIG 6796 (Townsend, 2009).

Neglect Of Duty

90-Day Suspension

30-Day Suspension

Firefighter failed to report for emergency activation in response to a hurricane. Punishment viewed disproportionate since firefighter’s reason for not reporting was to help his ill wife and infant child evacuate their home.

Bankston v. Department of Fire, 2009 WL 4251048 (La. App. 4 Cir. 2009).