Tully v. City of Wilmington

Plaintiff, a police officer, adequately stated a claim that his rights under Article I, Section 1 of the North Carolina Constitution were violated when his employer, the City of Wilmington, refused to consider Plaintiff’s appeal regarding the validity of an examination required for a promotion.Upon seeking promotion, Plaintiff took a written examination, a required step in the promotional process, but did not receive a passing score. Plaintiff filed a grievance regarding the test answers, but the City Manager informed him that the test answers were not a grievance item. Plaintiff filed a complaint, arguing that the City arbitrarily and irrationally deprived him of enjoyment of the fruits of his own labor, in violation of the Constitution. The trial court granted the City’s motion for judgment on the pleadings, in which the City argued that Plaintiff did not have a property interest that could support his claims. The court of appeals reversed. The Supreme Court affirmed in part and reversed in part, holding (1) the trial court erred in dismissing Plaintiff’s claim arising under Article I, Section 1 of the North Carolina Constitution; but (2) Plaintiff did not state a valid claim under Article I, Section 19. View "Tully v. City of Wilmington" on Justia Law