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FRUTH v. POWERS

No. 16-0797.

806 S.E.2d 465 (2017)

Sergeant Robert E. FRUTH, II, Plaintiff Below, Petitioner v. Greg A. POWERS, Sheriff of Mason County, and Mason County Deputy Sheriff's Civil Service Commission, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: October 23, 2017.

Attorney(s) appearing for the Case

Michael N. Eachus, Esq. , Eachus & Finley, Esq., Gallipolis, Ohio, and Mark L. McMillian, Esq. , Mark McMillian, Attorney at Law, L.C., Charleston, West Virginia, Counsel for the Petitioner

Karen H. Miller, Esq. , Joseph L. Amos, Jr., Esq. , Miller & Amos, Attorneys at Law, Charleston, West Virginia, Counsel for the Respondent

Sergeant Robert E. Fruth, II, was discharged from employment with the Mason County Sheriff's Department based on two separate incidents — he engaged in a verbal altercation with his spouse in public while on duty and he intentionally wrecked his police cruiser. He challenges the finding of just cause for the discharge made...

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