Paul Zachary Moss v. Shelby County Civil Service Merit Board (Wrongful Termination and Due Process Violation)

Style: Paul Zachary Moss v. Shelby County Civil Service Merit Board

TSC Docket Number: W2017-01813-SC-R11-CV

Link to Original Court of Appeals Opinion (2018): https://www.tncourts.gov/sites/default/files/mosspaulzacharyopn.pdf

Link to Original TSC Opinion (2019): https://www.tncourts.gov/sites/default/files/moss.paul_.opn_.pdf

Link to New Court of Appeals Opinion (2021): https://www.tncourts.gov/sites/default/files/mosspaulzachary2opn.pdf

Summary by the Court of Appeals (2021):

This appeal arises from a petition for judicial review of a decision of the Shelby County Civil Service Merit Board. The appellant was a firefighter and paramedic and was terminated from his employment after he was involved in a physical altercation at a political rally. After a hearing, the Board upheld his termination. The appellant then sought judicial review in chancery court. After reviewing the administrative record, the chancery court likewise upheld termination. On appeal, this Court concluded that the decision upholding the appellant’s termination should be reversed due to a violation of his due process rights. The Tennessee Supreme Court found no due process violation and reversed the decision of this Court, remanding for consideration of alternative arguments raised by the appellant that were deemed pretermitted in our previous opinion. Having carefully considered the appellant’s alternative arguments, we affirm the chancery court’s rulings on some issues but ultimately must vacate in part the decision upholding termination and remand for further proceedings before the Board.

Permission to Appeal Granted: March 25, 2022

Appellants’ Briefs Filed: April 21, 2022

Appellees’ Briefs Filed: May 18, 2022

Appellants’ Reply Brief Filed: June 1, 2022

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  

Oral Argument Date: November 9, 2022

Link to Oral Argument Video: https://www.youtube.com/watch?v=gX9UAV0R3H0

Date of TSC Opinion:  

Opinion of the TSC:   [insert link]

TSC Summary of the Opinion: