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  pigs get special perks!!!!!! but hey lets face it pigs are just government criminals with guns and badges who are rarely if ever held accountable for their crimes

Original Article

Fired deputy reinstated with four years of back pay

By Becky Pallack and Kim Smith THE ASSOCIATED PRESS

A Pima County Sheriff's deputy fired in 2001, in part for slapping a handcuffed suspect, will get his job back - plus about $90,000 in back pay.

The six-year legal fight that pitted Sheriff Clarence Dupnik against the Pima County Law Enforcement Merit System Council has seemingly ended in favor of the council after an Arizona Supreme Court ruling Wednesday.

"We are thrilled that it is finally over. This represents a huge victory for every police officer in the state," said Mike Storie, Harvey's attorney.

Sheriff Clarence Dupnik referred questions to his attorneys, who said they are disappointed in the ruling.

Harvey, who has been on paid leave at $43,000 a year for more than two years, will return to patrol as early as next week after weapons qualification tests, Storie said. He also will receive $90,000 in back pay and interest for the first year and a half when he was fired, Storie said.

When he was fired, Dupnik said Harvey's dismissal was based on a history of complaints alleging rudeness, rough treatment and unprofessional conduct.

Harvey had more complaints and more decorations than any other active deputy. He was disciplined 20 times in his career, and citizens complained that he used excessive force 26 times. He also was given more than 70 commendations for his work.

In the termination notice, Dupnik said Harvey beat an unarmed suspect in 1999 and hit him twice in the head with the butt of his gun. After Michael Kollmann was on the ground, handcuffed and bleeding from a gunshot wound to the neck, Harvey slapped him to try to elicit incriminating statements. Harvey told superiors he slapped the suspect to keep him conscious.

Dupnik said Harvey's actions were "inappropriate, contrary to training and an excessive use of force."

Harvey, who has worked for the department since 1987, appealed his termination to the Law Enforcement Merit System Council.

In 2002, the council unanimously voted to reinstate Harvey as a deputy and award him back pay.

Dupnik filed a complaint in Pima County Superior Court in 2003, saying the council exceeded its authority. A superior court judge ruled in favor of Harvey and ordered Dupnik to hire him back. The sheriff filed an appeal.

The Arizona Court of Appeals ruled in Dupnik's favor in 2004, finding the merit council had "substituted its discretion for the sheriff's." Then Harvey appealed to the Arizona Supreme Court.

In an opinion written by Vice Chief Justice Rebecca White Berch Wednesday, the supreme court said the merit council may independently review disciplinary decisions and overturn them if they feel the discipline was unjust.

For more on this story, read tomorrow's Arizona Daily Star. Contact reporter Becky Pallack at 629-9412 or bpallack@azstarnet.com