City of Huntington v. Black

In City of Huntington v. Black, 187 W. Va. 675, 421 S.E.2d 58 (1992), the Court was confronted with a civil service statute that was silent on the issue of whether an internal hearing should be conducted prior to the discharge, suspension, or reduction in rank or pay of a police officer. The Court found that the statute's silence could not defeat principles of constitutional due process of law and held that a police officer subject to civil service protection must be afforded a predisciplinary proceeding prior to discharge, suspension, or reduction in rank or pay.