Gayle Bernard and Edward Michael Shea v. Metropolitan Government of Nashville/Davidson County, Tennessee

Case Number
M2009-00812-COA-R3-CV

This is the second appeal by two former police officers who sought retirement gifts provided for by Metro ordinance and police department policies. The officers requested the gifts and were denied based on lacking good standing at the time they retired, as required by the ordinance. The officers filed a declaratory judgment action as well as civil rights claims, which the trial court dismissed on jurisdictional grounds and for failure to state a claim, respectively. The Court of Appeals reversed the dismissal of the declaratory judgment action and remanded. On remand, the trial court found that, because the officers were under investigation for misconduct at the time of their retirement, they were not in good standing as required by the ordinance and, thus, not entitled to the retirement gifts. The officers appeal. Finding no error, we affirm.

Authoring Judge
Judge Richard H. Dinkins
Originating Judge
Chancellor Carol L. McCoy
Case Name
Gayle Bernard and Edward Michael Shea v. Metropolitan Government of Nashville/Davidson County, Tennessee
Date Filed
Dissent or Concur
No