Opinion

Edmonds v. McNeal

  • 596 S.W.2d 403
  • 1980 Mo. LEXIS 348
Court
Supreme Court of Missouri
Filed
Mar 11, 1980
Status
Published
On the bench
Higgins
Cited by
29 cases
Authority
More cited than 7.3%

The opinion

ON MOTION FOR REHEARING

PER CURIAM.

Respondents pray that the court determine whether they are entitled to have offset against back pay determined to be due Officer Pickens those sums which he has or could have earned during the period he has been deprived of his employment as a police officer.

Wolf v. Missouri State Training School for Boys, 517 S.W.2d 138 (Mo. banc 1974) held that the rule of avoidable consequences applied to a wrongfully discharged corrections officer; that his recovery of back pay must be reduced by those sums he earned or could have earned during the period he was deprived of his employment; that in computing the amount to be deducted in mitigation of the back pay award, the officer was entitled to credit for reasonable attorney’s fees and reasonable necessary expenses incurred in vindicating his right to reinstatement; that such offsets be determined by an administrative evidentiary hearing for that purpose. See also Carter County School District R-I v. Palmer, 582 S.W.2d 347 (Mo.App.1979).

Accordingly, the judgment of the circuit court should direct the Board of Police Commissioners to conduct a hearing to determine compensation due Officer Pickens, the credits due the Board for those sums he earned or reasonably could have earned during his suspension, and the amount of reduction from such credit for his reasonable attorney’s fees and expenses of litigation. Respondents’ motion for rehearing is otherwise overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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