Appeal Court Upholds Florida Prison Guard's Firing

By: Associated Press
By: Associated Press

Tallahassee, FL (AP) - An appeal court has upheld a Florida
Panhandle prison guard's firing for letting an inmate stay in staff
housing.

A three-judge panel of the 1st District Court of Appeal let
Robert McQuade's dismissal stand Thursday although the Department
of Corrections failed to act before a 180-day deadline in the Law
Enforcement Officers' Bill of Rights.

The 2-1 majority ruled the limit applies only to complaints from
private citizens, citing a state Supreme Court ruling. Another
guard at the Santa Rosa Correctional Institution in Milton
complained about McQuade.

Judge Nikki Clark dissented. She argued the law says nothing
about who files a complaint and that the high court ruling involved
complaint review boards, not agency action.

(Copyright 2010 by The Associated Press. All Rights Reserved.)


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