OATH Administrative Law Judge Ingrid M. Addison recommended a 60-day suspension without pay for a Department of Correction correction officer [CO] found guilty of disciplinary charges involving the use of excessive force against an inmate whom CO struck in the face and head on multiple occasions, submitting a false and misleading use of force report regarding the incident, and having another officer who was not his supervisor complete his report.
Judge Addison found the CO’s defense that he felt himself in imminent danger of serious bodily injury to be incredible, making his use of deadly force unjustified. The ALJ also found that CO mischaracterized the inmate’s posture in his report and at his interview, in an attempt to justify his own reaction.
ALJ Addison, however, recommended that CO be suspended for 60 days without pay in lieu of termination because of numerous accolades from current and former supervisors at the Department as well as from his former supervising Coast Guard official, suggesting that CO's behavior in this case was a significant departure from his norm.
Click HERE to access Judge Addison findings and recommendation.
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A Reasonable Disciplinary Penalty Under the Circumstances- The text of this publication focuses on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For more information click HERE.