246 N.C. App. 196
N.C. Ct. App.2016Background
- Shawn Blackburn, a DPS Correctional Captain and Officer-in-Charge (OIC) at Alexander Correctional Institution, ordered that inmate Michael Kerr not be given milk and that Kerr remain in mechanical handcuffs until he walked to the cell door and asked for removal. Kerr had a history of mental illness and was in segregation.
- A Code Blue was called on March 8, 2014; medical staff examined Kerr, removed leg restraints but not handcuffs, and staff left Kerr in handcuffs. Blackburn did not document a Code Blue in an incident report and did not note on the OIC report that Kerr remained cuffed at shift’s end.
- Blackburn revisited Kerr’s cell on March 9 with a psychologist; Kerr remained largely unresponsive and Blackburn declined to call another Code Blue. Blackburn was off March 10–11 with his order still in place.
- On March 12 staff found Kerr in feces/urine, with handcuffs clogged by fecal matter and cuts on his wrists; Kerr was transported to Central Prison and pronounced dead (cause: dehydration). DPS investigated and terminated Blackburn for grossly inefficient job performance.
- Blackburn appealed administratively and then to the Office of Administrative Hearings; an ALJ upheld the dismissal, and the Court of Appeals affirmed—holding (inter alia) that the ALJ’s findings were supported by substantial evidence and DPS had just cause to discharge Blackburn.
Issues
| Issue | Blackburn’s Argument | DPS’s Argument | Held |
|---|---|---|---|
| 1. Whether the ALJ erred by denying Blackburn’s motion in limine to limit evidence to the stated pre-disciplinary reasons | Blackburn argued DPS and the ALJ introduced and relied on evidence beyond the April 7, 2014 dismissal letter, violating the statutory notice requirement | DPS argued the evidence admitted directly related to the acts/omissions described in the dismissal letter (Kerr’s confinement and Blackburn’s orders) and was properly considered | Held: Denial affirmed — evidence related to the charged acts/omissions; Blackburn’s notice argument fails (no authority for requiring notice of every piece of evidence) |
| 2. Whether key ALJ findings lack substantial evidentiary support | Blackburn disputed certain findings (e.g., that Kerr wasn’t refusing, that Blackburn didn’t view Kerr as a threat, supervision failures) and asserted some findings misstated testimony | DPS relied on witness testimony, video, shift reports, and internal investigations supporting the ALJ’s factual findings | Held: ALJ findings reviewing Blackburn’s supervisory role, failure to ensure checks, and Kerr’s unresponsiveness are supported by substantial evidence; credibility/weight were for the ALJ |
| 3. Whether DPS had "just cause" to terminate Blackburn for grossly inefficient job performance | Blackburn argued his actions were reasonable, disputed causation, and contended dismissal was disproportionate or unsupported by the statutory definition | DPS argued Blackburn’s orders and supervisory failures caused or substantially increased the risk of death/serious injury (Kerr’s dehydration/death), meeting the gross-inefficiency standard | Held: Affirmed — Blackburn’s supervisory duties, his order to keep Kerr cuffed for days without ensuring care, and resulting death supported conclusion of grossly inefficient job performance and just cause for dismissal |
Key Cases Cited
- Davis v. Ayala, 135 S. Ct. 2187 (U.S. 2015) (definition/context of solitary segregation referenced)
- N.C. Dep't of Env't & Natural Res. v. Carroll, 358 N.C. 649 (N.C. 2004) (explains whole-record review and that credibility/weight are for the agency)
- Lackey v. Dep't of Human Resources, 306 N.C. 231 (N.C. 1982) (court may not substitute its judgment for agency between reasonably conflicting views)
- Koufman v. Koufman, 330 N.C. 93 (N.C. 1991) (unchallenged factual findings are binding on appeal)
- Henderson v. N.C. Dep't of Human Resources, 91 N.C. App. 527 (N.C. Ct. App. 1988) (describing whole-record test for administrative review)