A sheriff’s deputy responded to a call for service at a residential building, and began interviewing a suspect. During the interview, the suspect started a verbal argument with a visibly disabled resident, who was passing by. The resident complied with the deputy’s order to keep walking but continued to exchange words with the suspect. The deputy then aggressively arrested the resident and placed him in a patrol vehicle.
After an investigation into the arrest, the department terminated the deputy for policy violations regarding: excessive use of force; conduct unbecoming an officer; and conduct bringing discredit to the department. The deputy appealed the decision to arbitration.
The arbitrator found for the city on all questions. The arbitrator agreed with LCW that the deputy’s use of force was excessive, unnecessary, and in violation of several department policies. The arbitrator also found the deputy’s conduct to be a violation of several sections of the MOU between the officer’s association and the department. The arbitrator upheld the deputy’s termination and concluded that such a termination was necessary to protect and serve the public.