Durrell v. Franklin County Commissioners

Because I conclude that a sheriff has the right to appeal a county commissioners’ reinstatement of a deputy whom the sheriff has dismissed, and is therefore entitled to reimbursement for attorneys’ fees incurred on appeal as an incidental expense of his office, I respectfully dissent.

I disagree with the court’s conclusion that because the commissioners have “significant supervisory and review power” over the sheriff’s department operation there is no basis for inferring that the sheriff has a right to appeal the commissioners’ decision to reinstate. The court’s reliance on the commissioners’…