Bone v. West Virginia Department of Corrections

Caplan, Chief Justice:

Robert 0. Bone, who had served as a Correctional Officer I at the State Penitentiary for approximately two and one-half years, was discharged from such position on May 26, 1978. Upon appeal to the Civil Service Commission his dismissal was upheld in an unanimous ruling and this appeal was prosecuted.

On the evening of May 26, 1978 Robert 0. Bone reported for duty at the penitentiary and was assigned to guard an inmate patient at Wheeling Park Hospital in Wheeling, West Virginia. He had formerly, on many oeea-*255sions, been assigned to hospital duty. However, when Mr. Bone…