DE LANO PARKER v. SHELBY COUNTY GOVERNMENT CIVIL SERVICE MERIT BOARD and THE SHELBY COUNTY SHERIFF’S DEPARTMENT - Articles

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Posted by: Tanja Trezise on Sep 27, 2012

Court: TN Court of Appeals

Attorneys 1:

Martin W. Zummach, Germantown, Tennessee, for the appellants, Shelby County Government and Shelby County Sheriff’s Department.

Attorneys 2:

De Lano Parker, Memphis, Tennessee, Pro Se.

Judge(s): STAFFORD

Appellee corrections officer’s employment with the Shelby County Sheriff’s Office was terminated for appearing in a video in which he stated that he had been a gang member. The Civil Service Merit Board affirmed the termination. The officer filed a petition for judicial review in the Shelby County Chancery Court, arguing that there was not substantial and material evidence to sustain his termination and that the termination violated his First Amendment rights. The trial court ruled that the Civil Service Merit Board’s decision was not supported by substantial and material evidence. We reverse the trial court’s ruling that the Board’s decision was not supported by substantial and material evidence, but vacate and remand to the Civil Service Merit Board for consideration of Appellee’s First Amendment argument.

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