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TULLY v. CITY OF WILMINGTON

No. 348A16.

810 S.E.2d 208 (2018)

Kevin J. TULLY v. CITY OF WILMINGTON.

Supreme Court of North Carolina.

Filed March 2, 2018.

Attorney(s) appearing for the Case

Tin Fulton Walker & Owen PLLC, Charlotte, by S. Luke Largess and Cheyenne N. Chambers , for plaintiff-appellee.

Cranfill Sumner & Hartzog LLP, Raleigh, by Katie Weaver Hartzog , for defendant-appellant.

Elliot Morgan Parsonage, PLLC, Winston-Salem, by Robert M. Elliot and R. Michael Elliot , for North Carolina Advocates for Justice, amicus curiae.

Law Offices of Michael C. Byrne, Raleigh, by Michael C. Byrne , for North Carolina Fraternal Order of Police, amicus curiae.

Edelstein and Payne, Raleigh, by M. Travis Payne , for Professional Fire Fighters and Paramedics of North Carolina, amicus curiae.

McGuinness Law Firm, Elizabethtown, by J. Michael McGuinness ; and Milliken Law, by Megan Milliken , for Southern States Police Benevolent Association and North Carolina Police Benevolent Association, amici curiae.

Here we address whether a police officer states a claim under the Constitution of North Carolina against his employer when that employer violates its own policy by refusing to consider his appeal regarding the validity of an examination required for a promotion. Because we conclude that Plaintiff Kevin J. Tully has adequately stated...

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