ALJ Kevin F. Casey found that Correction Officer had entered a holding cell, put his hands around an inmate’s neck, elbowed the inmate in the head, and then held the inmate’s face to the floor based on testimony provided by testimony from an investigator and supported by a surveillance video and documentary evidence.
Judge Casey also found that Officer had filed a false report by omitting details describing the force used by his fellow officers.
Taking into consideration Officer’s unblemished personnel record prior to the disciplinary action initiated in response to the instant situation as a mitigating consideration in determining to be imposed, ALJ Casey recommended that the appointing authority impose a penalty of a 55 days’ suspension without pay rather than a harsher penalty.
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