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ZAVALA v. ARIZONA STATE PERSONNEL BD.

No. 1 CA-CIV 9015.

159 Ariz. 256 (1987)

766 P.2d 608

Sostemo R. ZAVALA, Plaintiff-Appellant, v. ARIZONA STATE PERSONNEL BOARD; Everett W. Kyle, Esther Tang, Salvador Martinez, Harry Lakin, individually and in their official capacity as members of the Arizona State Personnel Board; James G. Ricketts, individually and in his official capacity as the Director of the State of Arizona Department of Corrections, and the State of Arizona, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Supplemental Opinion on Denial of Motion for Reconsideration June 28, 1988.

Review Denied January 17, 1989.

Attorney(s) appearing for the Case

Edward Camacho, Phoenix, for plaintiff-appellant.

Robert K. Corbin, Atty. Gen. by Michael N. Harrison, Asst. Atty. Gen., Phoenix, for defendant-appellee, State of Ariz.

Sundberg & Mousel by Craig L. Mousel, Phoenix, for defendants-appellees, Arizona State Personnel Bd.

OPINION

FIDEL, Judge.

Appellant Sostemo Zavala was terminated as an employee of the Arizona Department of Corrections (DOC) for sexually harassive and unprofessional behavior. The Arizona State Personnel Board upheld his dismissal. From the superior court's summary judgment affirming the decision of the board, Zavala appeals. Because the DOC failed to honor Zavala's due process right to a pre-termination hearing, we reverse.

In 1981 Zavala was employed...

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