Termination: I B v. Indiana Department of Child Services

This appeal concerns a police officer's termination. Kodi Gail Knight ("Knight") was a police officer for the City of Fairview, Tennessee ("Fairview"). After an August 2019 incident in which Knight struck a handcuffed woman ("the Arrestee") in the face, Fairview police chief Zack Humphreys ("Chief Humphreys") submitted a request to City Manager Scott Collins ("the City Manager") that Knight be terminated. The City Manager sent Knight a termination letter. Knight requested, and was granted, a pre-dismissal hearing before the City Manager. Following this hearing, the City Manager affirmed the decision to terminate Knight. Knight filed a petition for writ of certiorari in the Chancery Court for Williamson County ("the Trial Court"). The Trial Court affirmed Fairview's termination of Knight. Knight appeals, arguing among other things that his procedural due process rights were violated because the City Manager both drafted his termination letter and presided over his pre-dismissal hearing. We find that Knight was an at-will employee who lacked a property interest entitling him to procedural due process protection. We also find that the City Manager's decision was supported by substantial and material evidence and was neither arbitrary nor capricious. We affirm the judgment of the Trial Court.

REPORTED OPINION granting in part (as to plaintiff's claim related to his termination for default) and denying in part (as to plaintff's claim related to his suspension) Motion to Dismiss - Rule 12(b)(1) and (6). Pursuant to RCFC 54(b), as there is no just reason for delay, the clerk's office is directed to ENTER final judgment in defendant's favor as to plaintiff's claim related to his termination for default, and DISMISS plaintiff's claim with prejudice.The clerk's office is further directed to TRANSFER, pursuant to 28 U.S.C.Section 1631, plaintiff's claim related to his suspension to the United States District Court for the District of Vermont. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made plaintiff served via U.S. mail.