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PINAL COUNTY v. PINAL COUNTY EMPLOYEE MERIT

No. 2 CA-CV 2004-0160.

116 P.3d 624 (2005)

PINAL COUNTY, Plaintiff/Appellant, v. PINAL COUNTY EMPLOYEE MERIT SYSTEM COMMISSION and Richard Serb, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

July 25, 2005.

Attorney(s) appearing for the Case

Green & Baker, By Katherine E. Baker and Diane L. Bornscheuer, Scottsdale, for Plaintiff/Appellant.

Fitzgibbons Law Offices, P.L.C., By Denis M. Fitzgibbons, Casa Grande, Bihn & McDaniel, P.L.C., By Martin A. Bihn, Phoenix, for Defendant/Appellee Richard Serb.

OPINION

PELANDER, Chief Judge.

¶ 1 The Pinal County Sheriff's Department (PCSD) terminated appellee Richard Serb's employment as a PCSD detention officer after he assaulted a fully restrained inmate. Serb appealed to the Pinal County Employee Merit System Commission ("Commission") pursuant to A.R.S. § 11-356(B). After an evidentiary hearing, the Commission overturned PCSD's termination decision...

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