McAlister

INTRODUCTION

Appellant Malcolm McAlister was dismissed as a correctional officer after prison authorities reviewed a video depicting him shoving an inmate’s head into a door frame. McAlister challenges the superior court’s refusal to disturb the State Personnel Board’s decision sustaining the dismissal, and argues that there was insufficient evidence he intentionally injured the inmate. He also contends that reversal is warranted because seven pages of the administrative record are missing from the clerk’s transcript on appeal. We reject McAlister’s contentions and affirm the judgment.

PROCEDURAL BACKGROUND

Effective January 24, 2012, appellant Malcolm McAlister was dismissed from his position as a correctional officer with the California Department of Corrections and Rehabilitation at Kern Valley State Prison. In the notice of adverse action regarding the dismissal (Gov. Code, § 19574), the warden of Kern Valley State Prison cited a January 19, 2011, incident where McAlister allegedly used unnecessary force on an inmate. The notice also claims McAlister failed to report the use of force and lied about the incident in a report. McAlister appealed his dismissal to the State…