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Washington DOC Guard Fired For Physically Assaulting Supervisor

Ex Washington State Department of Corrections guard John Merriman appealed his termination for physically assaulting his supervisor in 2003. The termination was upheld.

Merriman began working at the Clallam Bay Corrections Center (CBCC) in 1994. In 2003, after seeing an entry in his medical file by supervisor Richard Foulkes, Merriman became furious. He approached Foulkes and directed him into a secluded room where two guards immediately exited. The altercation became violent and Merriman struck his supervisor in the head. He was notified of his termination after several CBCC guards testified that Merriman was screaming obscenities and was violently angry, together with the fact that he had numerous past reprimands. He appealed, claiming self defense.

The Washington State Personnel Appeals Board held that a preponderance of evidence supported the allegations and proved gross misconduct. The Board further held that his termination was warranted due to the violation of "workplace violence and ethics" that "compromised the safety and security of the institution." See: Merriman v. Department of Corrections, WA Personnel Appeals Board, Case No. DISM 03 0094 (Nov. 16, 2004).

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Related legal case

Merriman v. Department of Corrections

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