Hemba v. Miss. Dep't of Corrections
| Docket Number: | 2002-CC-01153-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-24-2003 Opinion Author: Thomas, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Employee dismissal - Substantial evidence - Attorney’s fees - M.R.C.P. 11(b) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 06-03-2002 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: DECISION OF THE FULL EMPLOYEE APPEALS BOARD REVERSED AND DECISION BY THE ADMINISTRATIVE REVIEW BOARD ON JULY 7, 2000, WHICH RECOMMENDED A TEN-DAY SUSPENSION FROM WORK WITHOUT PAY ON EACH OF THE THREE VIOLATIONS OF POLICY FOR A TOTAL OF THIRTY WORK DAYS, OR SIX WEEKS SUSPENSION IS HEREBY BY REINSTATED. Case Number: 251-01-758-CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | GARY HEMBA |
JOHN R. REEVES
CHRISTOPHER PAUL PALMER |
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| Appellee: | MISSISSIPPI DEPARTMENT OF CORRECTIONS | OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP |
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| Topic: | Employee dismissal - Substantial evidence - Attorney’s fees - M.R.C.P. 11(b) |
| Summary of the Facts: | Gary Hemba was investigated for allegedly violating policies of the Mississippi Department of Corrections. The hearing officer recommended Hemba be suspended without pay for six weeks. Hemba appealed to the Employee Appeals Board, which reversed. The MDOC appealed to the full Employee Appeals Board which affirmed. The MDOC appealed to circuit court which reversed and reinstated Hemba's suspension. Hemba appeals. |
| Summary of Opinion Analysis: | Issue 1: Agency decision Hemba argues that the court erred in reversing the decision of the Appeals Board. Unless the Mississippi Employee Appeals Board acted without any support of substantial evidence, in an arbitrary or capricious way, beyond the scope of power granted to the agency, or in violation of a person's constitutional rights, the decision reached by the agency must not be reversed. The review completed by the Employee Appeals Board in this case was conducted de novo with a thorough record of findings and evidence presented. The credibility of the testimony was a matter to be judged by the Board and was a factor in its decision, and the circuit court has no right to re-evaluate the credibility of the testimony. Issue 2: Attorney’s fees Hemba argues that the court erred in not awarding him attorney's fees, because MDOC filed a frivolous appeal. The court may award reasonable expenses and attorney's fees against a party or his attorney under M.R.C.P. 11(b) where the pleading or motion is frivolous or is filed for the purpose of harassment or delay. Given the nature and course of these proceedings, MDOC's appeal was not subject to sanctions. |
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