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IRVINE v. CITY OF SIOUX FALLS

No. 23648.

711 N.W.2d 607 (2006)

2006 SD 20

Dan IRVINE, Appellant, v. CITY OF SIOUX FALLS, Respondent and Appellee.

Supreme Court of South Dakota.

Decided March 8, 2006.

Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen, Wilka & Archer, Sioux Falls, SD, for appellant.

Allen J. Eide, Chief Assistant City Attorney, Sioux Falls, SD, for respondent and appellee.

MEIERHENRY, Justice.

[¶ 1.] Daniel Irvine (Irvine), an employee of the Sioux Falls Fire Rescue (SFFR), was demoted and suspended for insubordination. The disciplinary action was upheld by the Sioux Falls Civil Service Board (Board) and the circuit court. We affirm.

FACTS

[¶ 2.] Irvine, a 27-year veteran of the SFFR, had worked as a Fire Captain since early 1995. In late 2001, Irvine went on light duty status because of a non-work related...

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