Montgomery v. West Virginia State Police

Terry G. Montgomery appeals from the March 21, 2003, order of the Circuit Court of Kanawha County which affirmed an administrative decision upholding his discharge from the Appellee West Virginia State Police (“State Police”). Appellant’s discharge stemmed from criminal charges filed against him for operating a motor vehicle while under the influence of alcohol. Because Appellant was acquitted for violating the criminal statute upon which his discharge was based, he contends that it was error for the lower court to uphold his discharge. In addition, Appellant argues that the State Police…