Terry v. Miss. Div. of Medicaid
| Docket Number: | 2010-SA-00980-COA Linked Case(s): 2010-SA-00980-COA ; 2010-CT-00980-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-31-2011 Opinion Author: Irving, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Employee termination - Witness list - Due process - Sufficiency of evidence - Civil rights violation Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. 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: 09-04-2008 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: Affirmed the Decision of the Mississippi Employee Appeals Board Upholding the Appellant's Termination from the Mississippi Division of Medicaid Case Number: 251-05-1023-CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Dave C. Terry |
CHRISTOPHER H. NEYLAND |
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| Appellee: | Mississippi Division of Medicaid | OFFICE OF THE ATTORNEY GENERAL: CHARLES P. QUARTERMAN, NICOLE G. LITTON | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Employee termination - Witness list - Due process - Sufficiency of evidence - Civil rights violation |
| Summary of the Facts: | Dave Terry was terminated from the Mississippi Division of Medicaid after he was convicted of stalking and simple assault. Terry appealed his termination within the Division; when his termination was affirmed, Terry appealed to circuit court, which affirmed the Division’s decision. Terry appeals. |
| Summary of Opinion Analysis: | Issue 1: Witness list Terry argues that his witness list was improperly stricken. Terry argues that due process required that he be allowed to call witnesses on his behalf and that his witness list was timely filed because it was filed more than ten days before the final hearing date. The control of discovery is a matter committed to the sound discretion of the trial judge. Here, the hearing officer sat in the position of a trial judge. There was no error with the hearing officer’s conclusion that Terry’s witness list should have been filed at least ten days prior to Terry’s original hearing date. In fact, the Division’s witness list was similarly struck as untimely. Issue 2: Sufficiency of evidence Terry argues that there was insufficient evidence to support his termination. It is clear that, under the Division’s personnel rules, Terry or any other Division employee could be terminated upon conviction of a misdemeanor or felony. When Terry pleaded guilty to stalking and simple assault, he was convicted of a misdemeanor or felony. The Division needed no further justification to terminate Terry’s employment. Issue 3: Civil rights violation Terry argues that his termination was illegally based on his gender. However, he has failed to provide sufficient evidence to show that his termination was based on gender discrimination. Furthermore, Terry’s convictions were sufficient reasons for the Division to terminate his employment. |
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