 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
City of Laurel6/21/2005
NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES
DISPOSITION: AFFIRMED IN PART; REVERSED AND RENDERED IN PART - 06/21/2005
EN BANC.
. Officer Mark Brewer, a member of the Laurel Police Department, was conducting an investigation regarding possible illegal drug activity. He was accompanied by Officers Satcher and Berlin. Larry Kent Breland disrupted this investigation and physically attacked Officer Satcher. During the altercation, Brewer released a K-9, a trained police dog, to help control the crowd that had formed. Officer Satcher attempted to arrest Breland, but Breland resisted the arrest. To assist Officer Satcher, Brewer directed the K-9 away from the crowd and towards Breland, and Officer Satcher was able to effect the arrest with the help of the K-9.
. The City of Laurel conducted an internal investigation to ascertain whether the release of the K-9 was excessive force. The chief of police and mayor reviewed this investigation and decided that Brewer should be terminated for violation of various city and department rules and standards. The City also filed criminal charges against Brewer.
. Brewer appealed the City's termination to the civil service commission. At Brewer's request, the hearing was delayed until Brewer's criminal charges were adjudicated. The civil service commission reinstated Brewer but denied Brewer's request for back pay.
. The City appealed the civil service commission's decision to the Jones County Circuit Court, and Brewer cross-appealed for back pay. The circuit court affirmed the civil service commission's decision to reinstate Brewer but reversed the commission's denial of back pay. The City of Laurel appeals to this Court, raising the following issues:
I. WHETHER SUBSTANTIAL EVIDENCE SUPPORTS THE CIVIL SERVICE COMMISSION'S RULING TO REINSTATE BREWER
II. WHETHER THE CIRCUIT COURT ERRED IN REVERSING THE COMMISSION'S DECISION TO DENY BACK PAY
. Finding that the civil service commission's order was supported by substantial evidence, we affirm Brewer's reinstatement but reverse the circuit court's order to award back pay.
FACTS
. On March 26, 2001, Officer Mark Brewer of the Laurel Police Department responded to an emergency call. He was dispatched to investigate possible illegal narcotic activity. The neighborhood was in a high crime area that was known for having frequent drug activity. Brewer responded to this call with his K-9. Also responding to the call were Officers Clarence Satcher and Joe Berlin.
. After conducting an initial investigation into the alleged narcotic activity, the officers were interrupted by the actions of Larry Kent Breland. Breland used profanity directed at Officer Satcher and physically attacked him. Officer Satcher attempted to arrest Breland for interfering with police business, but Breland resisted the arrest. A crowd which was hostile to the police officers began to form, and Brewer used the K-9 to help control the crowd. Officer Satcher took Breland to the patrol car, where he continued to command Breland to cease his resistance and place his hands on the car. Breland head butted Officer Satcher, resulting in contusions and abrasions to Officer Satcher's face and causing Officer Satcher to become momentarily dazed. Officer Satcher eventually placed at least one handcuff on Breland, but was unable to complete the arrest. It is undisputed that Officer Satcher had at least one handcuff on Breland, but the evidence is conflicting as to whether Officer Satcher had both handcuffs on Breland. To assist Officer Satcher in helping effect Breland's arrest, Brewer and his K-9 turned away
Page 1 2 3 4 5 6 7 8 9 10 11 12 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|