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DEPT. OF CORRECTIONS v. PENNINGTON

No. 2009-CC-01595-COA.

59 So.3d 636 (2011)

MISSISSIPPI DEPARTMENT OF CORRECTIONS, Appellant v. Paul R. PENNINGTON, Jr., Appellee.

Court of Appeals of Mississippi.

April 12, 2011.

Attorney(s) appearing for the Case

Office of the Attorney General by Jane L. Mapp , David K. Scott , Jackson, attorneys for appellant.

John W. Whitten, Jr. , Lee Turner, attorneys for appellee.

Before LEE, C.J., BARNES and MAXWELL, JJ.

MAXWELL, J., for the Court:

¶ 1. The Employee Appeals Board (EAB) cannot alter an agency's employee-discipline decision when the agency properly followed its regulations. But the EAB can reinstate a dismissed employee who has shown the acts leading to his termination did not occur. The Mississippi Department of Corrections (MDOC) dismissed its employee, Paul Pennington Jr., claiming he had used inmates to construct a deer stand on the grounds of the Mississippi...

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