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ALA. DEPT. OF YOUTH SERV. v. STATE PERSONNEL BD.

2070059.

7 So.3d 380 (2008)

ALABAMA DEPARTMENT OF YOUTH SERVICES v. STATE PERSONNEL BOARD and Willie Pollard.

Court of Civil Appeals of Alabama.

October 24, 2008.

Attorney(s) appearing for the Case

T. Dudley Perry, Jr., gen. counsel, and Sancha E. Teele, asst. atty. gen., Department of Youth Services, for appellant.

Alice Ann Byrne, gen. counsel, State Personnel Board, for appellees.

Joseph C. Guillot of McPhillips Shinbaum, LLP, Montgomery, for appellee Willie Pollard.

BRYAN, Judge.1

The Alabama Department of Youth Services ("DYS") appeals from a judgment of the Montgomery Circuit Court affirming a decision by the State Personnel Board ("the Board") to reinstate Willie Pollard's employment with DYS. We reverse and remand.

Pollard was employed by DYS as a security officer. On May 22, 2006, Pollard struck a 19-year-old handcuffed student at a DYS facility. Following two hearings held by DYS regarding...

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