View Summary
MONTGOMERY COUNTY MARYLAND
vs.
LINDA A. KRIEGER
Click Here to Read the Full Case Summary
Issues:
Public employee, due process, policy and procedure.
Case Summary:
Montgomery County officials appeal the ruling of a lower court that overturned a disciplinary order against a deputy sheriff. Deputy Linda Krieger was disciplined by the county sheriff and ordered to pay for repairs to a gas-pump nozzle that she damaged. Krieger reported damaging the nozzle when she abruptly pulled away from the pump to answer an emergency call. Krieger contends she was disciplined once by her immediate supervisor and a second time by the sheriff. Krieger argues two punishments amounted to double jeopardy. She appeals the sheriff's action.
Decision of lower jurisdiction:
The circuit court ruled that the sheriff's actions amounted to successive punishment to one infraction. The court overturned the county's disciplinary order. The county now appeals.
Outcome:
Krieger loses. The Maryland Court of Special Appeals reversed the decision of the circuit court. An employer, in this case the county, must be able to control its employees, the court said. The court ruled that double jeopardy did not occur. The court upheld the sheriff's order, but noted the whole case was blown out of proportion.