Mitchell v. State Personnel Board

Plaintiff, Monty S. Mitchell, was employed as a psychiatric technician at Porterville State Hospital. His duties included the care of a severely retarded paraplegic male patient. On the morning of August 16, 1976, plaintiff removed the patient from his bed and replaced his urine-soiled sheets. The patient was returned to the bed, dressed, and lifted from the bed to be placed in a wheelchair; at that time and while in the plaintiff’s arms, the patient urinated. Plaintiff dropped the patient to the floor and kicked him in the head causing lacerations above the eye. The incident was observed and reported to the hospital authorities by plaintiff’s supervisor and another psychiatric technician.

Two days later, on August 18, 1976, plaintiff was placed on leave of absence pursuant to Government Code section 19574.5. Following 12 days of investigation the hospital administration formally notified plaintiff of his dismissal, the reasons therefor, his right to a hearing within five days before the medical director of the hospital and his right to appeal the dismissal to the State Personnel Board (Board) (§ 19575). The dismissal was made retroactive to August 18, 1976.

Plaintiff…