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Home / Courts / Labor & Employment – Public Employees – Correctional Officer – Inmate Disturbance – Risk of Injury (access required)

Labor & Employment – Public Employees – Correctional Officer – Inmate Disturbance – Risk of Injury (access required)

Hill v. North Carolina Department of Correction Respondent’s justification for terminating the petitioner-correctional officer included both that he should not have threatened force because the inmates were not showing aggression and that he should have anticipated inmate aggression and instituted the anticipated-use-of-force procedure. Respondent’s investigation of the inmate disturbance was incomplete, and its failure to preserve the investigator’s notes – when petitioner had made it known he would appeal – gives rise to a presumption that the notes would have injured respondent’s case.

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