OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming Off Duty

Termination

90-Day Suspension

Officer became embroiled in off-duty dispute between her fiancee and bus driver, resulting in officers from another department arresting her. No finding of detrimental impact on officer’s department.

Lensey v. City of Shreveport Municipal Fire and Police Civil Service Board, 839 So.2d 1032 (La.App. 2003).

Domestic Violence

Termination

Termination

Detention officer discovered his estranged wife in bed with another man. After sending her nude lover fleeing for his life, officer attacked his wife, and “in a scene rather too reminiscent of the last act in Othello, almost strangled her.”

Opp v. City of Huntington Beach Personnel Commission, 2003 WL 192478 (Cal.App. 2003).

Sexual Misconduct

Termination

Termination

Sexual misconduct with an inmate.

Bexar County Sheriff’s Department v. Sanchez, 2003 WL 179800 (Tex.App. 2003).

Strikes

Termination

Reinstatement With Back Pay

Firefighter fired for sick leave abuse in connection with possible department-wide “sickout.” Court determined the true reason for discipline of firefighter, who was only individual in department disciplined, was for not disclosing to the Chief the names of firefighters who had allegedly been planning the “sickout.”

Lantier v. Lafayette City-Parish Consolidated Government, 839 So.2d 1176 (La.App. 2003).