Judges: SHARYN L. SMITH
Agency: Department of Law Enforcement
Latest Update: Aug. 31, 1984
Summary: Respondent allowed officers to use excessive force in transfer of inmate and lied under oath about the incident. Recommended Order/Final Order: suspend license for three months.
83-2302STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CRIMINAL JUSTICE STANDARDS )
AND TRAINING COMMISSION, )
)
Petitioner, )
)
vs. ) CASE NO. 83-2302
)
ERIC C. RUNGE, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Sharyn L. Smith, held a formal hearing in this case on December 1, 1983, in Fort Myers, Florida. The following appearances were entered:
APPEARANCES
For Petitioner: Dennis S. Valente, Esquire
Assistant General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32301
For Respondent: Eric C. Runge, pro se
1643 North Flossmore Road Fort Myers, Florida 33907
The issue for determination at the final hearing was whether the Respondent's correctional certificate should be suspended, revoked, or otherwise disciplined for the acts alleged in the Administrative Complaint filed June 16, 1983.
At the final hearing, Lee Kelsay, a Sergeant with the Hendry Correctional Institute, Ricky Schuch, a correctional officer at Hendry, Betty White, a medical technician at Hendry, and Sam Manning, a chief correctional officer at Hendry, testified for the Petitioner. Scott Wilkerson, formerly an officer at Hendry and Eric Runge, testified for the Respondent. Respondent's Exhibits 1(a)-(c), 2, 3 and 4 were offered and admitted into evidence.
Proposed Recommended Orders containing findings of fact have been submitted by the parties and considered in the preparation of this Recommended Order.
When the parties' findings of fact were consistent with the weight of the credible evidence introduced at final hearing, they were adopted and are reflected in this Recommended Order. To the extent that the findings were not consistent with the weight of the credible evidence, they have been either rejected, or when possible, modified to conform to the evidence. Additionally,
proposed findings which were subordinate, cumulative, immaterial or unnecessary have not been adopted.
FINDINGS OF FACT
The Respondent Eric Runge holds an inactive correctional officer certificate bearing number 502-2839.
On January 9, 1983, the Respondent Runge was employed as a correctional officer at the Hendry Correctional Institute. On that date, the Respondent and four other officers were involved in the movement of a prisoner, Raymond Russell Ford, from one confinement area to another.
Prior to the transfer, a supervisor, Lt. McNaughton, met with the officers involved in the transfer and explained to them that he wanted to see the inmate hurt.
The officers, including the Respondent, went to the inmate's cell and found him asleep. Ford was awakened by one of the officers and handcuffs and leg irons were secured to his hands and feet.
During the transfer, the inmate was placed on the ground several times, here he was struck and kicked by three of the officers. The Respondent was approximately 20 feet in front of the inmate when this occurred.
The Respondent and another officer helped the inmate to his feet and turned him over to Sergeants Thompson and DeSilvestri. The inmate was tripped repeatedly by the two officers. This was visible to the Respondent since he was approximately 15 feet behind the inmate and escorting officers.
At no time did the inmate fight with the officers or physically resist when they tripped and hit him.
When the inmate arrived at his assigned cell, the Respondent and Officer Wilkerson contacted Betty White, a medical technician, in order to alert her of possible injuries to the inmate. Ford's injuries were not serious and consisted of multiple abrasions and scrapes to the face, legs and arms.
When this incident came to the attention of prison authorities, all the officers involved were requested to give statements under oath concerning the transfer of the inmate.
The Respondent was aware that he was required by Department of Corrections rules to truthfully answer inquiries made by the prison inspector. However, the Respondent admitted violating Department rules by falsifying his report to the prison inspector by denying that excessive force was used during the transfer of the inmate. This false report was made as part of an unsuccessful attempt by the officers involved to cover up the incident.
As a result of this incident, several officers lost their jobs at Hendry and the Respondent's effectiveness as a correctional officer has been seriously reduced due to his role in the transfer and subsequent cover up. The involved officers are labeled as "dirty employees" which limits their ability to effectively discharge their duties inside the prison.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. Section 120.57(1), Florida Statutes.
The Respondent Runge is charged with violating Section 943.145(3), Florida Statutes, which sets forth the following ground for revocation or suspension of a law enforcement certificate:
(c) The commission of conduct by the certificate holder constituting gross in- subordination, gross immorality, habitual drunkenness, willful neglect of duty, in- competence, or gross misconduct which seriously reduces the certificate holder's effectiveness to function as a law enforce- ment officer or a correctional officer.
The Petitioner established by clear and convincing evidence that the Respondent engaged in gross misconduct in violation of Department rules and policy by failing to safeguard the physical well-being of inmate Ford while he was being assaulted by other officers and falsely reporting the circumstances surrounding this incident to his superiors.
Moreover, the Petitioner showed that as a result of this misconduct, the Respondent Runge's effectiveness as a correctional officer has been seriously reduced.
In determining an appropriate penalty, the Petitioner urged that the Respondent's certificate be revoked. In light of the totality of the circumstances, including the Respondent's previous good record as a correctional officer, his candor during these proceedings, his subsequent work record, and the letters of support submitted on his behalf by friends and coworkers, revocation or a protracted suspension of the Respondent's license is not warranted.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED:
That a Final Order be entered by the Petitioner suspending the certificate of the Respondent Eric C. Runge for three months.
DONE and ENTERED this 22nd day of March, 1984, in Tallahassee, Florida.
SHARYN L. SMITH
Hearing Officer
Division of Administrative Hearings 2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 22nd day of March, 1984.
COPIES FURNISHED:
Dennis S. Valente, Esquire Assistant General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32301
Janet E. Ferris, Esquire General Counsel
Criminal Justice Standards and Training Commission
Post Office Box 1489 Tallahassee, Florida 32302
Eric C. Runge
1643 North Flossmore Road Fort Myers, Florida 33907
Robert R. Dempsey, Executive Director, Dept. of Law Enforcement Post Office Box 1489
Tallahassee, Florida 32302
Daryl McLaughlin, Director Criminal Justice Standards and Training Commission
Post Office Box 1489 Tallahassee, Florida 32302
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT
CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION,
Petitioner,
vs. DOAH CASE NO. 83-2302
CJSTC CASE NO. CORO18-0274
ERIC C. RUNGE
Certificate Number: 502-2839
Respondent.
/
FINAL ORDER
This cause came on for final action by the Criminal Justice Standards and Training Commission pursuant to section 120.57(1)(b)9, F.S., at a public meeting on June 21, 1984, in Tampa, Florida for consideration of the recommended order of the hearing officer entered herein. A transcript of proceedings is available, if necessary.
FINDINGS OF FACT
The Commission, having reviewed the Findings of Fact adopts and incorporates by reference the Findings of Fact of the hearing officer.
CONCLUSIONS OF LAW
Having reviewed the Conclusions of Law, the Commission adopts and incorporates by reference the hearing officer's Conclusion of Law. IT IS THEREFORE,
ORDERD AND ADJUDGED that the certificate of Eric C. Runge as a correctional officer shall be suspended for 2 years beginning on the effective *.
* NOTE: The remainder of this sentence is not readable on the Agency Final Order filed with the Division and therefore not a part of this ACCESS document.
This Order shall take effect upon filing.
DONE AND ORDERED this 31st day of August, 1984.
CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
By Walter C. Heinrich, Sheriff Chairman
COPIES FURNISHED:
All Counsel of Record Eric C. Runge
=================================================================
CORRECTED AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT
CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION,
Petitioner,
vs. DOAH CASE NO. 83-2302
CJSTC CASE NO. CORO18-0274
ERIC C. RUNGE
Certificate Number: 502-2839
Respondent.
/
CORRECTED FINAL ORDER
This matter came on for final action by the Criminal Justice Standards and Training Commission pursuant to Section 120.57(1)(b)9., F.S., at a public meeting on June 21, 1984, in Tampa, Florida for consideration of the recommended order of the hearing officer entered herein. An Order was filed in this cause on August 31, 1984, which erroneously set penalty not reflecting the actions of the Commission. It is hereby Ordered that the penalty imposed in the Order filed on August 31, 1984, is hereby vacated. IT IS THEREFORE,
ORDERED AND ADJUDGED that the certification of Eric C. Runge as correctional officer shall be and hereby is suspended for three months from June 21, 1984 to September 21, 1984.
This Order shall take effect on the date of filing.
DONE AND ORDERED this 17th day of September, 1984.
CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
By Walter C. Heinrich, Sheriff Chairman
COPIES FURNISHED:
All Counsel of Record Eric C. Runge
Docket for Case No: 83-002302
Orders for Case No: 83-002302
| Issue Date |
Document |
Summary |
|
Aug. 31, 1984 |
Agency Final Order
|
|
|
Mar. 22, 1984 |
Recommended Order
|
Respondent allowed officers to use excessive force in transfer of inmate and lied under oath about the incident. Recommended Order/Final Order: suspend license for three months.
|
