Judge Upholds Award of Attorney Fees


On February 1, 2010 Administrative Law Judge Lydia Lee of the Oklahoma Merit Protection Commission entered an addendum decision awarding attorney fees in the matter of Corey Day v. Department of Corrections.


Lieutenant Day, an OPEA member, won his appeal of a five day suspension without pay and thereafter filed a motion for the award of attorney fees.  Lieutenant Day was represented by Kevin Donelson from the OPEA’s law firm of Fellers Snider.


In making the award Judge Lee found that the Department of Corrections knew or should have known that it would not prevail on the merits of the suspension without pay.  She stated that the supporting factors were the Department of Corrections’ failure to use and consider progressive discipline, lack of evidence concerning consistent imposition of discipline, interference with the investigatory process and failure to consider mitigating circumstances.


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2 comments (Add your own)

1. Corrections Cop wrote:
I went to the academy with Day. He is a class act and well respected by all the staff he works with. It is good to see him get his name cleared and the Department having to pay his fees. Another example of OPEA coming to the rescue of the good guys. They also helped the cops at HMCC.

Tue, February 9, 2010 @ 5:28 PM

2. bhk9 wrote:
Way to go OPEA.The 8 officers at HMCC should be very interested in this decision, the part about interference in the investigatory process is extremely interesting, IA needs to be dismantled from the top down. When an IA supervisor tells his officer to "change his story" something is very wrong.Wonder if they will face the same discipline the rest of us are subject to. If you are not a member of OPEA, this should serve as an eye opener for you.These IA screw ups are not isolated incidents.Will be interesting to see how many IA Supervisors will be offered a "buy-out"

Thu, February 11, 2010 @ 12:31 PM

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