West Virginia Department of Transportation, Division of Highways v. Litten

The West Virginia Department of Transportation, Division of Highways (“DOH”), appeals the order of the Circuit Court of Kana-wha County which affirmed the decision of the West Virginia Public Employees Grievance Board. Pursuant to the decision of the Board, Kenneth R. Litten (“Litten”), a mechanic, was reinstated to his employment.

Litten’s employment with the DOH was terminated for allegedly accessing and attempting to access pornographic websites on August 27, 2010, using a computer owned by the State. According to the State, not only was accessing and attempting to access pornography a…