The Appellate Group

Demill v. Peace Officer Standards and Training Council

Demill v. Peace Officer Standards and Training Council, 2023 UT App 56 (Orme, J.)

Administrative Law

Demill worked as a corrections officer and admitted to masturbating at work in a private bathroom while on duty. POST pursued administrative disciplinary action. The POST Council adopted the recommendation that Demill’s peace officer certification be suspended for three and a half years. The Utah Court of Appeals declined to disturb the POST Council’s order, holding:

  • The ALJ correctly determined that the privacy considerations outlined in Lawrence were not at issue in this case. Demill’s actions occurred at his place of employment and did not implicate a home-like privacy interest.
  • Demill did not present any type of meaningful analysis of Lawrence to demonstrate that its doctrine has been or should be expanded to include workplace restrooms as having the same level of privacy protections as homes.
  • Practice Tip: Interlocutory review of non-final administrative decisions is not authorized by the Utah Rules of Appellate Procedure. 

Read the full court opinion