Legal Opinion

Ellis McSwain, Appointing Authority and The Board of Probation and Parole, Missouri Department of Corrections v. Cletus Andrew Morton

Missouri Court of Appeals

Decided December 23, 2014No. WD77651PublishedCited by 3 opinions

1Opinion of the CourtKaren King Mitchell, Presiding Judge

Cletus Morton appeals the decision of the Circuit Court of Cole County, reversing the determination of the Administrative Hearing Commission (AHC) that Ellis McSwain, the appointing, authority for the Division of Probation and Parole (Division), did not have cause to dismiss Morton from employment. We affirm the circuit court’s judgment.

Facts

The Division, organized 'within the Department of Corrections (Department), is overseen by the Board of Probation and Parole. Ellis McSwain is both the chairman of the Board and the appointing authority. At the time of his termination, Cletus Morton was a…

2Cases cited15 opinions

  1. Albanna v. State Board of Registration for the Healing ArtsSupreme Court of Missouri · 2009
  2. Prenger v. MoodyMissouri Court of Appeals · 1992
  3. Bowen v. Missouri Department of ConservationMissouri Court of Appeals · 2001
  4. Department of Social Services v. Peace of Mind Adult Day Care CenterMissouri Court of Appeals · 2012
  5. The Salvation Army, Kansas and Western Missouri Division v. Bank of AmericaMissouri Court of Appeals · 2014

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3Cited by3 opinions

  1. Michael Cash v. Missouri Department of Revenue Scott Leary, AdministratorMissouri Court of Appeals · 2015
  2. Schrock v. Xinsheng (Randy) GanMissouri Court of Appeals · 2018
  3. In the Matter of: PVC Management II, LLC, Permit No. MOGS10560 Opponents of Cooper County CAFOs, LLC v. Missouri Department of Natural Resources and Missouri Clean Water CommissionMissouri Court of Appeals · 2021

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