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HEIER v. DEPT. OF CORRECTIONS

No. 20120128.

820 N.W.2d 394 (2012)

2012 ND 171

Robert S. HEIER, Plaintiff and Appellant v. NORTH DAKOTA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant and Appellee.

Supreme Court of North Dakota.

August 16, 2012.

Attorney(s) appearing for the Case

Michael J. Geiermann (argued), and Jacob Geiermann (appeared), third-year law student, under the Rule on Limited Practice of Law by Law Students, Bismarck, N.D., for plaintiff and appellant.

Kirsten R. Franzen , Assistant Attorney General, Bismarck, N.D., for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Robert Heier appeals from a district court judgment affirming an administrative law judge's ("ALJ") decision affirming the termination of Heier's employment with the Department of Corrections and Rehabilitation. We reverse, concluding Heier was unlawfully disciplined multiple times for one instance of misconduct, and we order Heier be reinstated and receive backpay.

I

[¶ 2] Heier was employed by the Department as...

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