Justia Virginia Supreme Court Opinion Summaries

Prior to November, 2006, Grievant Tammy Estep worked for the Virginia Department of Corrections (DOC) as a Superintendent of the Central Virginia Correctional Unit. She had consistently been given good performance reviews until November 13th, when she was involuntarily demoted to a lower position. She filed a grievance that ultimately came before a hearing officer. The officer found the demotion was unwarranted, and ordered the DOC to reinstate Estep to a comparable position as either a Superintendent or Assistant Warden, and that she be reimbursed for any lost pay as a result of the demotion. Estep's former position had been filled; in an attempt to comply with the hearing officer's order, the DOC transferred Estep to a different location, and into a newly-created position with the same rate of pay, but different duties, responsibilities and authority. Estep brought suit at the circuit court seeking implementation of the hearing officer's order. The court held that the DOC failed to implement the hearing officer's order, and ordered Estep be reinstated to her old position since the DOC could not find an adequate substitute. The DOC appealed. The Supreme Court had jurisdiction over the matter, and found that the record supported the circuit court's decision to reinstate Estep to her former position.