Legal Opinion · Dissent

Deuter v. South Dakota Highway Patrol

South Dakota Supreme Court

Decided March 2, 1983No. 13565Published

1DissentWollman, Justice

I agree with the circuit court that the May 30,1979, letter of reprimand and Deu-ter’s subsequent violation of Patrol policy as outlined in that letter constituted good cause for discharge under SDCL 3-7-15(5).

I am also of the opinion that the Commission’s treatment of the pistol incident that occurred at the January 9, 1980, hearing in Director Baum’s office fatally infects its findings and conclusions. I turn to Judge Miller’s memorandum opinion for a description and analysis of that incident:

The record also supports the Patrol’s determination that Deuter exercised poor judgment in stress…

2Cases cited7 opinions

  1. State v. HeumillerSouth Dakota Supreme Court · 1982
  2. National Bank of South Dakota v. LeirSouth Dakota Supreme Court · 1982
  3. Bonsignore v. City of New YorkCourt of Appeals for the Second Circuit · 1982
  4. Kruger v. WilsonSouth Dakota Supreme Court · 1982
  5. Morgan v. District of ColumbiaDistrict of Columbia Court of Appeals · 1982

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