De Lano PARKER v. SHELBY COUNTY GOVERNMENT CIVIL SERVICE MERIT BOARD and the Shelby County Sheriffs Department
392 S.W.3d 603
| Tenn. Ct. App. | 2012Background
- Parker was a Shelby County Sheriff’s Office Corrections Officer from 2001 until his termination in 2009.
- He appeared in a video titled Rappers, Hustlers, and Hoes as the persona Skye Corleone, claiming gang membership.
- The video was presented as a documentary; Parker claimed the statements about gang membership were fictional and not accurate.
- The Sheriff’s Office began an investigation in 2009, charging Parker with two violations of SOPs: lack of truthfulness and personal conduct.
- The Civil Service Merit Board sustained the termination on September 2, 2009; Parker appealed to the Shelby County Chancery Court.
- The trial court reversed the Board on substantial and material evidence grounds but did not address First Amendment issues; the appellate court vacated that reversal and remanded for First Amendment analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the Board's termination decision supported by substantial and material evidence? | Parker | Shelby County | Yes; Board decision sustained; substantial and material evidence present |
| Did Parker's First Amendment rights bar termination despite substantial evidence? | Parker's First Amendment rights protect his speech | Board's decision stands notwithstanding First Amendment concerns | Remanded for Board consideration of First Amendment issue; conviction vacated on this point |
| Did the trial court properly apply the standard of review under Tenn. Code Ann. § 4-5-322(h)? | Trial court inadequately analyzed First Amendment or weighed evidence | Court correctly reviewed substantial evidence and tied to Board's findings | Appellate court did not affirm on this issue; remand for proper First Amendment analysis |
Key Cases Cited
- Jackson Mobilphone Co., Inc. v. Tennessee Pub. Serv. Comm'n, 876 S.W.2d 106 (Tenn. Ct. App. 1993) (substantial-evidence review limits; rational-basis standard for agency findings)
- Wayne Cnty. v. Tennessee Solid Waste Disposal Control Bd, 756 S.W.2d 274 (Tenn. Ct. App. 1988) (substantial evidence standard; defer to agency on weight of evidence)
- City of Memphis v. Civil Serv. Comm'n of City of Memphis, 216 S.W.3d 312 (Tenn. Ct. App. 2007) (standards for reviewing civil-service decisions; substantial evidence framework)
- Gluck v. Tennessee, 15 S.W.3d 488 (Tenn. Ct. App. 2000) (interpretation of substantial-and-material-evidence standard)
- Waters v. Churchill, 511 U.S. 661 (Supreme Court, 1994) (speech rights of public employees; role of employee speech in the workplace)
- King v. Betts, 354 S.W.3d 691 (Tenn. 2011) (First Amendment limits on government employer speech decisions)
- Garcetti v. Ceballos, 547 U.S. 410 (Supreme Court, 2006) (public employee speech evaluation in official duties context)