Archie Story v. Civil Service Commission of the State of Tennessee, et al.

A highway patrolman was terminated for allegedly deploying a tire deflation device without prior authorization in violation of General Order 412 and for untruthfulness regarding such. On appeal, the trooper argues that his partial extension of the device did not constitute a “deployment.” Thus, he contends he did not violate General Order 412, nor was he untruthful when he denied deployment. We affirm the ALJ’s finding that the trooper “deployed” the device in violation of General Order 412 and that he was untruthful about doing so. Accordingly, we find there existed substantial and material evidence to support his termination. Additionally, we find that the trial court did not err in denying the trooper’s request to admit additional evidence and to supplement his brief.