Heier v. North Dakota Department of Corrections & Rehabilitation

KAPSNER, Justice.

[¶ 1] Robert Heier appeals from a district court judgment affirming an administrative law judge’s (“ALJ”) decision affirming the termination of Heier’s employment with the Department of Corrections and Rehabilitation. We reverse, concluding Heier was unlawfully disciplined multiple times for one instance of misconduct, and we order Heier be reinstated and receive backpay.

I

[¶ 2] Heier was employed by the Department as a deputy warden in the Division of Adult Services at the North Dakota State Penitentiary. On April 28, 2009, Jessica Rahn, a State Penitentiary employee, filed a…