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Spencer v. Civil Service Board

Supreme Court of Minnesota
Jul 29, 1977
257 N.W.2d 342 (Minn. 1977)

Opinion

No. 47222.

July 29, 1977.

Appeal from the District Court, Ramsey County, Otis H. Godfrey, Jr., J.

Larry B. Leventhal, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Paul G. Zerby, Deputy Atty. Gen., Thomas H. Jensen, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by the court without oral argument.


This is an appeal from a judgment entered in district court affirming an order of the Minnesota Civil Service Board which sustained the dismissal of appellant Patricia Spencer from her certified permanent position as a counselor at the Minnesota Learning Center, which is a program at Brainerd State Hospital for retarded but educable children with severe behavioral problems. The board found that a dismissal was based on appellant's violation of a strong policy, of which she was aware, against use of excessive force in controlling students when they are disruptive. Rejecting appellant's argument to the contrary, we agree with the district court that there was substantial evidence on the record as a whole to support this finding and that the board properly concluded that there was "just cause" for appellant's dismissal. Minn.St. 15.0425 and 43.24, subd. 1; Thoreson v. Civil Service Commission of St. Paul, Minn., 242 N.W.2d 603 (1976); Nyhus v. Civil Service Board, 305 Minn. 184, 232 N.W.2d 779 (1975). Appellant's other contention, relating to the adequacy of the notice of the reasons for her dismissal, has no merit.

Affirmed.

OTIS, J., took no part in the consideration or decision of this case.


Summaries of

Spencer v. Civil Service Board

Supreme Court of Minnesota
Jul 29, 1977
257 N.W.2d 342 (Minn. 1977)
Case details for

Spencer v. Civil Service Board

Case Details

Full title:Patricia SPENCER, Petitioner, Appellant, v. CIVIL SERVICE BOARD, State of…

Court:Supreme Court of Minnesota

Date published: Jul 29, 1977

Citations

257 N.W.2d 342 (Minn. 1977)