Patterson v. City of Biloxi
| Docket Number: | 2006-CC-01624-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-25-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Civil service - Demotion - Retaliation Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 08-11-2006 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: DECISION OF THE BILOXI SERVICE COMMISSION AFFIRMED. Case Number: A2402-05-00077 |
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| Party Name: | Attorney Name: | |||
| Appellant: | STEVE PATTERSON |
RUSSELL S. GILL
SHANNON ADELE LADNER |
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| Appellee: | CITY OF BILOXI | GINA BARDWELL TOMPKINS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Civil service - Demotion - Retaliation |
| Summary of the Facts: | Steve Patterson was demoted from captain to lieutenant in the ranks at the City of Biloxi Police Department. Patterson appealed the demotion to the Civil Service Commission of the City of Biloxi. The Commission affirmed the disciplinary action. Patterson appealed to circuit court which affirmed. Patterson appeals. |
| Summary of Opinion Analysis: | Patterson argues that his demotion was not based on cause but rather was intended to serve as retaliation for his statement during a pre-hearing conference on another disciplinary matter that his supervisors were “acting like idiots.” In various letters Patterson was cited for failure to follow instructions, chastising an officer in front of his peers and later becoming unprofessional in public while discussing the issue, making inappropriate comments towards command staff, unethical use of a service for personal gain, and other violations of departmental regulations. Patterson had also been suspended for ten days for lack of control and use of poor judgment during a high speed chase. There is no evidence that Patterson’s demotion was retaliatory. Thus, substantial evidence existed to support the Commission’s finding that Patterson’s demotion was made in good faith for cause and was not based on political or religious reasons. |
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