OATH
Administrative Law Judge Tiffany Hamilton recommended termination of the
employment of a Correction Officer [CO] who struck a restrained person in
custody.
CO and
another correction officer were escorting a rear-cuffed person in custody when
that person in custody spat at CO’s face.CO
responded by punching the person in custody three times in the face with a
closed fist.
The ALJ rejected CO's
argument that the use of force was necessary to protect himself against
imminent bodily harm, finding there was no evidence that the person in custody
was about to attack CO and CO's use
of three facial strikes was retaliatory and punitive.
Noting the egregiousness
of the misconduct, coupled with CO’s extensive disciplinary record that
included two prior uses of force, Judge Hamilton determined that
continued employment would be a threat to the good order of the
Department.
Click HERE to access the Administrative
Law Judge's decision and recommendation posted on the Internet.
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