The Berlin administrative court has confirmed the dismissal of a prison officer during the probationary period because of a secret love affair with a prisoner. As a probationary officer, the woman violated core official duties, the court in Berlin justified its judgment on Wednesday. Among other things, she also took the prisoner into her apartment, it said. (VG 5 K 163/20)
She had not fulfilled her “duty to behave in a respectful and trustworthy manner and had permanently disturbed the relationship of trust with her employer”. The regulations for the penal system also include “maintaining the necessary restraint towards prisoners and released persons”. The woman had appealed against her dismissal during the probationary period.
The plaintiff justified her claim with her good professional qualifications and with the fact that such misconduct can be ruled out in the future. According to the Civil Service Status Act, civil servants can be dismissed on probation if they have not proven themselves during the probationary period with regard to the criteria of suitability, ability and performance.
The judgment can be appealed to the Berlin-Brandenburg Higher Administrative Court.
