City of Owensboro v. Noffsinger
| Citation | 280 S.W.2d 517 |
| Parties | CITY OF OWENSBORO et al., Appellants, v. Clarence NOFFSINGER, Appellee. |
| Decision Date | 17 June 1955 |
| Court | United States State Supreme Court (Kentucky) |
Joseph H. McKinley, Paul D. Miller, Owensboro, for appellants.
Anderson & Anderson, John B. Anderson, E. B. Anderson, Owensboro, for appellee.
This is a statutory proceeding instituted by the City of Owensboro, pursuant to KRS, Chapter 95, to dismiss permanently the appellee, Clarence Noffsinger, from its police force because of his alleged neglect of duty, misconduct, violation of law and conduct unbecoming an officer. The Board of Commissioners of the City, after a hearing of the charges preferred against Noffsinger, ordered his dismissal from the police force. He appealed that order to the circuit court where, after a hearing before a jury which recommended that he be reprimanded and reinstated to his former position, a judgment was entered reprimanding him and ordering his reinstatement on the police force. The City is contending that the judgment is erroneous because Noffsinger was not entitled to a jury trial; and also, that the only question for determination on appeal to the circuit court is whether the evidence is reasonably sufficient to uphold the Board's order.
The evidence, which is not disputed, shows that Noffsinger was scheduled to report for duty at 8:00 p.m. the night of January 23, 1954. Instead, he caused a call to be made to police headquarters reporting that he was sick and unable to assume his duties. However, he left Owensboro, and proceeded to Madisonville where he became involved in an altercation with Thomas Shelton because of attentions Shelton was paying Noffsinger's wife, Nelda.
Mrs. Noffsinger and Shelton had been involved in a clandestine love affair for some time. On the night in question they had made arrangements to meet in Madisonville, where Mrs. Noffsinger's mother resided. Shelton's wife, upon learning that the meeting was planned, contacted Noffsinger and they went to Madisonville for the purpose of catching Mrs. Noffsinger and Shelton together. After an unsuccessful search in Madisonville, they drove to a place near the home of Mrs. Noffsinger's mother and waited in Noffsinger's car until about 1:45 a.m. At that time Shelton and Mrs. Noffsinger arrived in Shelton's car. Noffsinger turned a spotlight on Shelton's car and Shelton drove away immediately. After going two or three blocks, Shelton stopped long enough to let Mrs. Noffsinger out and then continued his flight. Noffsinger chased him about eight miles beyond Madisonville. During the chase Noffsinger fired nine shots from a pistol at Shelton's car. Finally Shelton was forced into a ditch and Noffsinger proceeded to beat him on the head with the butt of his pistol. Noffsinger returned to Owensboro that morning and reported the events that had occurred during the night to the Chief of Police.
Shelton caused a warrant to be issued charging Noffsinger with malicious shooting and wounding with intent to kill. At his trial in June, 1954, Noffsinger pleaded guilty to the lesser charge of shooting in sudden affray and he was fined $250 and sentenced to six months in the county jail. He paid the fine and was placed on probation for the jail sentence; the probationary period his now expired. In the meantime, the Chief of Police of Owensboro preferred charges against Noffsinger before the City Board of Commissioners for his removal from the police force because of his conduct.
Since a proceeding to dismiss a policeman is wholly statutory and is not in the nature of, or similar in...
To continue reading
Request your trial
-
Ashby v. City of Louisville
...statute. In the face of such ambiguity, we must construe the statute in view of the circumstances as a whole. See City of Owensboro v. Noffsinger, Ky., 280 S.W.2d 517 (1955). As noted above, KRS 65.2003(3) includes several examples of the types of claims against which cities are immune from......
-
Fournier v. City of Lawrenceburg, No. 2007-CA-000490-MR (Ky. App. 4/11/2008)
...to his appeal because the council was not named as a party in City of Glasgow v. Duncan, 437 S.W.2d 199 (Ky. 1969), City of Owensboro v. Noffsinger, 280 S.W.2d 517 (Ky. 1955), City of Richmond v. Howell, 448 S.W.2d 662 (Ky. 1969), Stallins v. Madisonville, 707 S.W.2d 349 (Ky.App. 1986), and......
-
Brown v. Com., 1998-CA-000840-MR (Direct).
...of Kentucky Revenue Cabinet, Ky., 722 S.W.2d 889 (1987); Burke v. Stephenson, Ky., 305 S.W.2d 926 (1957); City of Owensboro v. Noffsinger, Ky., 280 S.W.2d 517 (1955); and City of Covington v. State Tax Commission, 257 Ky. 84, 77 S.W.2d 386 Brown's Wages We shall first address the issue conc......
-
City of Mayfield v. Kennemore, 2016-CA-000841-MR
...in harmonizing the statutes, we must remain aware of the purpose(s) which the statutes were intended to accomplish. City of Owensboro v. Noffsinger, 280 S.W.2d 517 (Ky. 1955). This Court recently addressed this very issue in Campbell County Library Board of Trustees v. Coleman, 475 S.W.3d 4......