Legal Opinion

Kearns v. Sherrill

Ohio Supreme Court

Decided December 24, 1940No. 28167PublishedCited by 13 opinions

1Opinion of the CourtMatthias, J.

The charges against police officer Kearns which originated this proceeding were based upon the provisions of Section 486-17», General Code, wherein are enumerated the causes for which any officer, employee or subordinate in the classified service may be removed. One of the specified grounds therein stated is drunkenness. Following the specified canses is the more general provision, “or any other acts of misfeasance, malfeasance or nonfeasance in office.”

The reasons assigned for the discharge of Kearns and which were set out in his notice thereof were: “Conduct unbecoming a patrolman: (1)…

2Cases cited2 opinions

  1. Mattone v. ArgentinaOhio Supreme Court · 1931
  2. Hawkins v. City of SteubenvilleOhio Supreme Court · 1938

3Cited by13 opinions

  1. James Loudermill v. Cleveland Board of Education, Richard Donnelly v. Parma Board of EducationCourt of Appeals for the Sixth Circuit · 1983
  2. Samuel Mahelona Memorial Hospital v. County of Kauai Civil Service CommissionHawaii Supreme Court · 1962
  3. City of Dayton v. StrausbaughCity of Dayton Municipal Court · 1984
  4. Armbruster v. City of MiddletownOhio Court of Appeals · 1944
  5. State, Ex Rel. Dudley v. KromerOhio Court of Appeals · 1943

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