McDougall v. Scoppetta

OPINION OF THE COURT

Austin, J.

In this proceeding we are asked to determine whether, under the particular circumstances of this case, the penalty of termination of the petitioner’s employment as a firefighter is so disproportionate to the offense as to be shocking to one’s sense of fairness, thus constituting an abuse of discretion.1 Because we conclude, as a matter of law, that the penalty of termination is shocking to the judicial conscience, we set aside that penalty and remit the matter to the respondents for the imposition of the lesser penalty allowing the petitioner to retire as of the…