JOHN GARCIA v. SHELBY COUNTY SHERIFF’S OFFICE - Articles

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JOHN GARCIA v. SHELBY COUNTY SHERIFF’S OFFICE

Posted by: Tanja Trezise on Jul 30, 2020

Court: TN Court of Appeals

Attorneys 1: E. Lee Whitwell and Bridgett L. Stigger, Memphis, Tennessee, for the appellant, Shelby County Sheriff’s Office.

Attorneys 2: Thomas E. Hansom, Memphis, Tennessee, for the appellee, John Garcia.

Judge(s): MCBRAYER

A sheriff’s office demoted an employee for failing to follow official policies and procedures during an arrest. The employee appealed to the civil service merit board. After a hearing, the board found the employee had neglected his duty as the ranking officer at the scene of the arrest. But the board modified the disciplinary action to a 30- day suspension and ordered the employee’s reinstatement to his former rank. The employee then sought judicial review. The chancery court determined that the board’s decision was arbitrary and capricious and modified the disciplinary sanction. We conclude that the board’s decision was not arbitrary and capricious. So we reverse.

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