DAVID R. FITZGERALD v. HICKMAN COUNTY GOVERNMENT, ET AL. - Articles

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Posted by: Landry Butler on Apr 4, 2018

Court: TN Court of Appeals

Attorneys 1:

Robin C. Moore, Carthage, Tennessee, for the appellant, David R. Fitzgerald.

Attorneys 2:

Michael T. Schmitt, Nashville, Tennessee, for the appellees, Hickman County, Tennessee, and Mayor of Hickman County, Shaun Lawson.

Judge(s): STAFFORD

Former county employee appeals the dismissal of his claims against the county and the county mayor related to the termination of his employment. In his complaint, the employee raised claims of violations of due process, indemnification, restitution, negligence, invasion of privacy, workplace harassment, intentional infliction of emotional distress, and misrepresentation. After the county and county mayor filed a motion to dismiss, the trial court ruled that it would decide the motion without the benefit of a hearing. The trial court eventually dismissed all the claims; some claims, however, were dismissed on the basis of summary judgment after the trial court considered a county personnel manual. We conclude that the trial court was entitled to consider the personnel manual as part of the pleadings for purposes of the motion to dismiss under Rule 10.03 of the Tennessee Rules of Civil Procedure. Consequently, we affirm the dismissal of all claims raised by the employee under the motion to dismiss standard, with the exception of the employee’s claim against the county mayor for false light invasion of privacy. Affirmed in part, reversed in part, and remanded.

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