Grievance Information Detail

Grievance MODIFIED. The Arbitrator found insufficient evidence of physical abuse because of the lack of evidence of physical harm, and the lack of any proof that, had the inmate been medically examined, any physical injury would likely have been found. However, the act of handcuffing the inmate to his bunk under these circumstances was found by the arbitrator to be an inappropriate use of force which could have resulted in harm. Although termination was too severe a penalty for this inappropriate use of force, the Grievant did deserve discipline. Considering the grievant’s previous clean record, the arbitrator modified the removal to a five-day suspension.