Firing of prison guard is upheld

Wednesday, Dec. 1, 2004 | 9:46 a.m.

CARSON CITY -- A state hearing officer has upheld the firing of correctional officer Samier Husein for making false statements on a report about his fight with an inmate at the Southern Desert Correctional Center in August 2001.

Hearing Officer David R. Ford, in a decision released Tuesday, said there was substantial evidence that Husein did not start the fight with inmate Domonic Malone in the mess hall.

Ford, in a 31-page decision, said Husein gave differing versions of what happened when the officer and the inmate scuffled.

At the hearing before Ford, the correctional officer said he was reaching for Malone's ID badge on the inmate's shirt when he was head butted by Malone who dropped his food tray and started punching. He said he hit Malone with 2-3 punches on the head and 2-3 punches on the upper body.

In his official report, Husein said the inmate started punching him and he grabbed the inmate who then head butted him and continued punching. He said he ordered Malone to stop and he began to punch back hitting him in the face twice.

Husein told fellow officer Bradley Chapline that he struck the first blow and hit the inmate about 20 times. The hearing officer said he did not rely on Chapline's testimony.