Whipple v. Department of Corrections

PRESIDING JUSTICE McNAMARA,

dissenting:

I respectfully dissent from the majority holding which finds the Commission’s decision to be against the manifest weight of the evidence. I believe that the evidence amply supports the Commission’s decision to discharge plaintiff, and that under the narrow confines of the relevant standard of review the trial court erred in reweighing the evidence and substituting its own judgment on factual issues. I would reverse the trial court’s decision and order the Commission’s decision to be reinstated.

The majority recites the trial court’s criticism of the…