OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Domestic Violence

Termination

Reinstatement With Back Pay

Off-duty officer hit both boyfriend-officer and on-duty officer who had intervened in dispute, and later drove her car into boyfriend-officer, causing him to fall to the ground. Court upheld civil service decision that City relied on incomplete investigative report, and failed to consider officer’s state of mind and overall good work record.

City of Memphis v. Civil Service Commission, 2007 WL 737873 (Tenn. App. 2007).

Performance Of Duty

Termination

Reinstatement With Back Pay

City discharged firefighter/paramedic whose work privileges were revoked by the Fire Department’s medical director after firefighter submitted a report that failed to include mention of a problem with a pressure relief valve on artificial respiration equipment. The Court concluded that “the City could not lawfully delegate complete and final authority over employment to the medical director,” and that the City’s “narrow theory turned important substantive and procedural protections for firefighters into a hollow sham.”/p>

Rinehart v. City of Greenfield, 2007 WL 1100756 (S.D. Ind. 2007).

Racially And Sexually Motivated Conduct

Termination

Termination

Sergeant made several personal phone calls to dispatchers, both while sober and while under the influence, while they were working and at home. Sergeant stopped the dispatchers in his patrol unit, verbally compared the dispatchers’ breasts and body parts, and described how he wanted to have sex with them.

Jurgens v. City of North Pole, 2007 WL 625212 (Alaska 2007).