Appeals court rules in fired CPD officer's case for reinstatement

1 year 2 months 1 week ago February 09, 2016 Feb 9, 2016 Tuesday, February 09 2016 Tuesday, February 09, 2016 9:46:00 AM CST in News
By: Matt Johnson, KOMU 8 Content Manager

COLUMBIA - In an opinion announced early Tuesday, the Missouri Western District Court of Appeals ruled the city of Columbia's appeal in the Rob Sanders case will need to be reviewed again.

Columbia Police Chief Ken Burton fired Sanders, a former Columbia police officer, in 2011 after the city said Sanders used excessive force. Sanders was seen in a video shoving an inmate in a jail cell. During a 2013 personnel board hearing, City Manager Mike Matthes chose not to reinstate Sanders. In January 2015, Sanders filed legal action to get reinstated and Cole County Judge Patricia Joyce ruled in his favor. Following that ruling, the city of Columbia appealed to the Western District.

In Tuesday's opinion, Judge Mark Pfeiffer says the Cole County Circuit Court did not have the statutory authority to review the case for reinstatement as a "contested" case, meaning in part, the person making the decision [Mike Matthes] about Sanders reinstatement should have been present during Sanders' 2013 personnel board hearing. The opinion also said the decision maker [Matthes] did not hear all the evidence presented in the case and thus the case was reviewed informally and should have been considered "uncontested." 

Columbia Police Officers' Association Executive Director, Dale Roberts told KOMU 8 News Tuesday Judge Joyce will now likely have to rewrite her intial judge's order for reinstatement as an "uncontested" case and the city could then appeal again. That would send the case back to the Western District Court of Appeals. 

"It's yet another delay in a case that has gone on for five years now," Roberts said on Sanders' behalf. "One of the biggest takeaways is that the court of appeals said the city's personnel board hearing was 'nothing more than window dressing.'"  

City manager Mike Matthes did not immediately return our request for comment Tuesday morning. A secretary said Matthes was in meetings most of the day.

Related Stories

More News

Grid
List
JEFFERSON CITY (AP) — Efforts by some Missouri legislators to make such discrimination on the basis of sexual orientation against... More >>
1 hour ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 4:56:00 PM CDT in News
COLUMBIA (AP) — The Missouri Department of Conservation is using new technology and smarter traps to improve its efforts to... More >>
2 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 4:00:56 PM CDT in News
FULTON - An ordinance proposed in Callaway County could complicate potential confined animal feeding operation (CAFO) construction. It could make... More >>
3 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 3:30:00 PM CDT in News
COLUMBIA (AP) — A dormitory association at the University of Missouri is pushing that a new residence hall on campus... More >>
3 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 3:17:40 PM CDT in News
MARTINSBURG (AP) — An eastern Missouri family's dog has been impounded for disease monitoring after authorities said it mauled and... More >>
3 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 3:02:58 PM CDT in News
FULTON – A search party assembled at Memorial Park at 10:30 a.m. to continue the search for 31-year-old Carl DeBrodie.... More >>
3 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 2:53:00 PM CDT in News
KANSAS CITY, Kan. (AP) — Police have arrested the Kansas man charged with killing the sister of a girl whose... More >>
7 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 11:02:51 AM CDT in News
COLUMBIA — Party For A Purpose mixed the socialization of a party with conversation on mental health and suicide prevention.... More >>
19 hours ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 11:36:00 PM CDT in News
COLUMBIA — The Islamic School of Columbia-Missouri invited the community to help them promote international togetherness on Saturday. The school... More >>
19 hours ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 11:05:00 PM CDT in News
COLUMBIA — Future veterinary students flocked to MU campus Saturday to learn about what the College of Veterinary Medicine has... More >>
23 hours ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 7:22:00 PM CDT in News
COLUMBIA — A team of veterinary oncologists at the MU Veterinary Health Center is looking for dogs with cancer to... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 6:35:00 PM CDT in News
COLUMBIA — Saturday is Earth Day and the City of Columbia has a series of recommendations on how to save... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 6:32:00 PM CDT in News
COLUMBIA — Three thousand yellow rubber ducks filled the grounds of Columbia’s Central Missouri Humane Society to raise money... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 4:30:00 PM CDT in News
JEFFERSON CITY — With House Bill 130 set to become law, Gov. Eric Greitens will smooth potholes to expansion for... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 2:58:00 PM CDT in News
KANSAS CITY (AP) — Hundreds gathered in a downtown Kansas City, Missouri, park on Earth Day in support of calls... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 2:06:00 PM CDT in News
FULTON — The Ryan's Case for Smiles mid-Missouri chapter got together on Saturday at First Presbyterian Church in Fulton to... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 1:26:00 PM CDT in News
COLUMBIA — Community members came together Saturday in honor of Child Abuse and Neglect Awareness Month, to draw attention to... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 12:33:00 PM CDT in News
JEFFERSON CITY (AP) — During his first 100 days in office, Missouri Gov. Eric Greitens has trained with firefighters and... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 11:58:00 AM CDT in News
Columbia, MO
Broken Clouds 71°
7pm 70°
8pm 65°
9pm 60°
10pm 56°

Select a station to view its upcoming schedule:

Coming Up Next

6:00p
Little Big Shots
7:00p
Little Big Shots
8:00p
Chicago Justice
6:00p
Stand by Me
8:00p
Marvel's Agents of S.H.I.E.L.D.
9:00p
KOMU 8 News @ Nine on The CW

Tonight's Schedule

7:00p
Little Big Shots
8:00p
Chicago Justice
9:00p
Shades of Blue
6:00p
Stand by Me
8:00p
Marvel's Agents of S.H.I.E.L.D.
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld