# Pittman v. North Carolina Department of Health & Human Services

> Court of Appeals of North Carolina · December 31, 2002 · 155 N.C. App. 268

URL: https://www.frixlaw.com/law-library/cases/8896552

## Case

- **Full name:** DONNA PITTMAN v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
- **Court:** Court of Appeals of North Carolina
- **Decided:** December 31, 2002
- **Citations:** 155 N.C. App. 268; 573 S.E.2d 628; 2002 N.C. App. LEXIS 1579
- **Precedential status:** Published
- **Opinion:** Dissent by Walker
- **Judges:** Biggs, Eagles, Walker
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8896552

## Opinion text

WALKER, Judge,
dissenting.
I respectfully dissent from the majority opinion affirming the order of the trial court.
This matter was heard by an able and experienced administrative law judge (ALJ), who made extensive findings and conclusions and recommended that petitioner not be terminated for unacceptable personal conduct pursuant to N.C. Gen. Stat. § 126-35 (2001), but instead be given a written warning for unsatisfactory performance. The State Personnel Commission rejected the ALJ’s recommended decision with two members dissenting.
After careful review of the record, I agree with the findings and conclusions of the ALJ. The evidence raises no more than a permissible inference that petitioner engaged in the conduct for which she was dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8896552. Public record. Not legal advice.