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JEFFERSON COUNTY FISCAL COURT v. PEERCE

No. 2000-SC-0534-DG.

132 S.W.3d 824 (2004)

JEFFERSON COUNTY FISCAL COURT; Jefferson County Corrections Department; Jefferson County Merit Board; David L. Armstrong, individually and in his official capacity as Judge/Executive of Jefferson County; Ronald Bishop, individually and in his official capacity as Chief of Jefferson County Corrections Department; and Lee A. Karsner, individually and in his official capacity as Captain of Jefferson County Corrections Department, Appellants, v. Thomas PEERCE, Appellee.

Supreme Court of Kentucky.

As Modified February 23, 2004.

Rehearing Denied May 20, 2004.

Attorney(s) appearing for the Case

Mitchell L. Perry, Jefferson County Attorney, Louisville, Counsel for Appellants.

Thomas C. Fenton, Morgan and Pottinger, PSC, Louisville, Counsel for Appellee.

KELLER, Justice.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellee was terminated from his position as a sergeant with the Jefferson County Corrections Department ("JCCD") because of allegations that he used excessive force in an assault upon an inmate, filed and instructed subordinates to file false incident reports about the assault, and violated sections of the Jefferson County Personnel Policies. Pursuant to a collective bargaining agreement then in place...

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