Pearce v. Univ. of Louisville
Annotate this CaseAt issue in these two cases was the applicable scope of Ky. Rev. Stat. 15.520, which sets forth specific procedural rights for police officers who are accused of misconduct and face the disciplinary processes administratively conducted by the police agency that employs them. Appellants in both cases were police officers who were subjected to administrative disciplinary actions that were initiated as a result of allegations that arose from within the police department itself. Both officers requested an administrative review procedure consistent with section 15.520. The requests were denied. Each Appellant sought review of the disciplinary actions in circuit court. The circuit courts concluded that the officers were not entitled to an administrative hearing subject to the due process provisions of section 15.520. The appeals courts affirmed, determining that section 15.520 applies only when the disciplinary action was initiated by a “citizens complaint.” The Supreme Court reversed, holding that section 15.520 applies to both disciplinary proceedings generated by citizen complaints and those initiated by intra-departmental actions. Remanded.
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