UTAH DEPT. OF CORRECTIONS v. SUCHER

Nos. 890006-CA, 890014-CA.

796 P.2d 721 (1990)

UTAH DEPARTMENT OF CORRECTIONS, UTAH STATE PRISON, Petitioner, v. Paul S. SUCHER and the Personnel Review Board of the State of Utah, Respondent.

Court of Appeals of Utah.

August 17, 1990.


Attorney(s) appearing for the Case

R. Paul Van Dam, Atty. Gen. and Stephen G. Schwendiman (argued), Chief, Asst. Atty. Gen., for petitioner.

L. Zane Gill (argued), L. Zane Gill, P.C., Salt Lake City, for respondent, Paul Sucher.

Before DAVIDSON, BENCH and BILLINGS, JJ.


DAVIDSON, Judge:

This is an appeal from a Utah Personnel Review Board (PRB) decision substantially modifying the decision of a hearing officer upholding the termination of the respondent's employment. We reverse the PRB decision and reinstate the order of termination.

On June 19, 1987, while employed at the Utah State Prison, appellee Paul S. Sucher (Sucher) assisted in securing and moving a prisoner back to his cell. The prisoner was handcuffed and shackled...

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