Chriswell v. Rosewell

This is an appeal from the trial court’s ruling in a mandamus action seeking recovery of back pay.

The issue before this court is whether a probation officer illegally suspended from his position can recover back pay although he waited nearly 3% years to seek reinstatement. We affirm the trial court’s award of back pay from the date reinstatement was sought through the date he was legally discharged. We reverse the trial court’s denial of back pay for the period before the demand for reinstatement and remand for an evidentiary hearing on the issue of laches.

The original complaint, filed in…