OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming On Duty

Termination

Termination

Officer punched a fellow officer in the face, breaking his nose, and attempted to kick the other officer after he had fallen to the ground. Defense that punishment was “shocking to one’s sense of fairness” rejected.

Cianciulli v. Village of Bronxville, 2008 WL 5174131 (A.D. N.Y. 2008).

Excessive Force

1-Day Suspension

No Discipline

Deputy was suspended for one day after taking a woman to the ground when arresting her for disorderly conduct. Arbitrator concluded that the suspect’s act of throwing a sign could be considered “active resistance” or “active aggression,” allowing the use of a take down.

County of Eaton, LAIG 6702 (Glazer, 2008).

Performance Of Duty

30-Day Suspension

No Discipline

Officer suspended for failing to assist other officers in shooting incident; other officers sustained wounds inflicted by a suspect. Employer failed to conduct an adequate investigation, and did not take statements from officers involved in the shooting incident. The complainant’s testimony about seeing the officer was inconsistent with GPS data entered into evidence. The record showed that the officer was engaged in setting up a perimeter roadblock.

City of Laredo, LAIG 6685 (Bartman, 2008).