Jarrell vs. The City of Nitro, West Virginia (Signed Opinion)
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The Supreme Court reversed the circuit court's judgment reversing and vacating an order of the Nitro Police Department Civil Service Commission concluding that Petitioner was improperly terminated from his employment as a City of Nitro Police Department police officer, holding that termination was appropriate.
On appeal, Petitioner argued that the Commission's reinstatement order was based on substantial evidence and that the circuit court erred by substituting its judgment for that of the Commission. The Supreme Court agreed, holding (1) under the circumstances of this case, the Commission's findings were plausible and not clearly wrong; and (2) the circuit court impermissibly substituted judgment for that of the Commission.
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