Missouri Court of Appeals, 2001

Parkhurst v. Lombardi

Parkhurst v. Lombardi
Missouri Court of Appeals · Decided October 2, 2001 · Breckenridge, Ellis, Ulrich
55 S.W.3d 905; 2001 Mo. App. LEXIS 1681; 2001 WL 1155321 (South Western Reporter, Third Series)

Parkhurst v. Lombardi

Opinion of the Court

ORDER

PER CURIAM:

Mark Parkhurst appeals the decision of the Personnel Advisory Board, demoting him to Corrections Caseworker I, effective *906June 1, 1999, for swatting or patting a female subordinate on the buttocks and for making unprofessional and inappropriate statements. This court finds that there is substantial evidence in the record that Mr. Parkhurst slapped a subordinate’s buttocks and made threatening statements, that the demotion was a proper exercise of the PAB’s discretion, and that Mr. Park-hurst’s threatening statements were not protected by his freedom of speech. Since a published opinion would have no prece-dential value, a memorandum has been provided to the parties.

The decision of the PAB is affirmed. Rule 84.16(b).

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