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BERNDT v. ARIZONA DEPT. OF CORRECTIONS

No. 1 CA-CV 14-0622.

363 P.3d 141 (2015)

Brian BERNDT, a single man, Plaintiff/Appellant, v. ARIZONA DEPARTMENT OF CORRECTIONS, an agency of the State of Arizona; Arizona State Personnel Board, an agency of the State of Arizona; Charles L. Ryan, in his capacity as Director of the Arizona Department of Corrections, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

As Amended December 8, 2015.

Attorney(s) appearing for the Case

Bihn & McDaniel, PLC, Phoenix By Martin A. Bihn , Donna M. McDaniel , Counsel for Plaintiff/Appellant.

Arizona Attorney General's Office By Michelle Kunzman , Mark Brnovich , Phoenix, Counsel for Defendant/Appellee Arizona Department of Corrections.

Jackson Lewis, P.C. By Jeffrey A. Bernick , Phoenix, Counsel for Defendant/Appellee Arizona State Personnel Board.

Presiding Judge KENTON D. JONES delivered the Opinion of the Court, in which Judge PETER B. SWANN joined and Judge SAMUEL A. THUMMA joined in part and dissented in part.

OPINION

¶ 1 Brian Berndt appeals the superior court's order on appeal affirming his termination as a corrections officer with the Arizona Department of Corrections (Department). The Arizona State Personnel Board (Board) had determined allegations of sexual harassment and insubordination against Berndt were unfounded...

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