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NELSON v. CITY OF OREM

No. 20120626.

309 P.3d 237 (2013)

2013 UT 53

Dennis NELSON, Petitioner, v. CITY OF OREM, Michael Larsen, and Department of Public Safety, Respondents.

Supreme Court of Utah.

August 19, 2013.

Attorney(s) appearing for the Case

B. Kent Morgan , Phillip W. Dyer , Salt Lake City, for petitioner.

Stanley J. Preston , Bryan M. Scott , Brandon T. Crowther , Salt Lake City, for respondents.

Chief Justice DURRANT, opinion of the Court:

INTRODUCTION

¶ 1 Officer Dennis Nelson was terminated from his position as a police officer with the Orem City Police Department (OCPD) after using excessive force during a booking at Orem City Jail. Both the Orem City Employee Appeals Board (Board) and the court of appeals upheld Officer Nelson's termination. The court of appeals reviewed the Board's decision for an abuse of discretion and agreed with the...

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