ECKERMAN v. TENNESSEE DEPT. OF SAFETY

No. 09-6181.

636 F.3d 202 (2010)

Robert ECKERMAN, Plaintiff-Appellant, v. TENNESSEE DEPARTMENT OF SAFETY, an agency of the State of Tennessee; Gerald Nicely, Former Department of Safety Commissioner, in his individual and official capacities; Mike Walker, Colonel, Tennessee Highway Patrol, in his individual and official capacities; Danny Wilson, Lieutenant Colonel, Tennessee Highway Patrol, in his individual and official capacities; John Savage, Major, Tennessee Highway Patrol, in his individual and official capacities; Wayne Springer, Major, Tennessee Highway Patrol, in his individual and official capacities; Frankie Floyd, Criminal Investigator, Tennessee Highway Patrol, in his individual and official capacities; Dan Hollis, Criminal Investigator, Tennessee Highway Patrol, in his individual and official capacities; George Dittsworth, Captain, Tennessee Highway Patrol, in his individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 20, 2010.

Rehearing and Rehearing En Banc Denied February 24, 2011.


Attorney(s) appearing for the Case

ARGUED: Arthur F. Knight, III , Taylor, Fleishman & Knight, P.C., Knoxville, Tennessee, for Appellant. Frank J. Scanlon , Watkins & McNeilly, PLLC, Nashville, Tennessee, for Appellees. ON BRIEF: Arthur F. Knight, III , Taylor, Fleishman & Knight, P.C., Knoxville, Tennessee, for Appellant. Frank J. Scanlon , Samuel P. Helmbrecht , Watkins & McNeilly, PLLC, Nashville, Tennessee, for Appellees.

Before: MERRITT and COOK, Circuit Judges.


OPINION

MERRITT, Circuit Judge.

This is a constitutional tort case brought by a Tennessee highway patrolman who claims he was demoted due to his affiliation with the Republican Party. The plaintiff, Robert Eckerman, employed by defendant Tennessee Department of Safety, was demoted from lieutenant to sergeant on December 6, 2006. In an administrative proceeding before the Tennessee Civil Service Commission, Judge Joyce Carter-Ball reversed the demotion with...

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