In Matter of Clarke v Cleveland , Lake George Deputy Sherriff Jeffrey Clarke sought to overturn a decision terminating his employment.
Clarke was pursuing a speeding vehicle at nearly 100 miles per hour when his car crashed into a wall. After exiting the vehicle, Clarke realized the individual he had been pursuing was driving back towards him, so he drew his gun and shot 14 rounds at the approaching vehicle's tires, but the driver of that speeding car still managed to escape unscathed.
Because several days passed before he submitted a written statement, Clarke was suspended and disciplinary proceedings were initiated.
After a Hearing Officer found Clarke guilty of five disciplinary violations, including improper use of a firearm and the failure to immediately report an accident involving an agency vehicle," Clarke was fired.
When he challenged the outcome, the Warren County Supreme Court transferred the case to the Appellate Division, Third Department, which confirmed the Hearing Officer's decision.
Since the Hearing Officer's findings were supported by "substantial evidence," the AD3 refused to "substitute its own judgment for that of the agency, even when evidence exists that could support a different result."
Will Clarke go for another round?
To download a copy of the Appellate Division's decision, please use this link: Matter of Clarke v Cleveland