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Harry Tusant vs. City of Memphis
State: Tennessee
Court: Court of Appeals
Docket No: W2000-01431-COA-R3-CV
Case Date: 11/27/2000
Plaintiff: Harry Tusant
Defendant: City of Memphis
Preview:IN THE COURT OF APPEALS OF TENNESSEE
AT JACKSON
November 27, 2000 Session

HARRY JAMES TUSANT, JR., ET AL. v. CITY OF MEMPHIS
A Direct Appeal from the Chancery Court for Shelby County
No. 00-0484-2 The Honorable Floyd Peete, Jr., Chancellor

No. W2000-01431-COA-R3-CV - Filed February 6, 2001
Petitioners, Memphis police officers, filed a petition in chancery court for writ of mandamus to require the city to promote them to certain civil service ranks after they successfully completed the promotional process and are otherwise eligible and qualified for promotion. The trial court denied the petition, and petitioners have appealed.

Tenn.R.App.P. 3; Appeal as of Right; Judgment of the Chancery Court Affirmed and
Remanded

W. FRANK CRAWFORD, P.J., W.S., delivered the opinion of the court, in which DAVID R. FARMER,
J. and HOLLY KIRBY LILLARD, J., joined.
David M. Sullivan, Memphis, For Appellants
Louis P. Britt III, David P. Knox, Memphis, For Appellee


OPINION
On March 31, 2000, petitioners, Harry James Tusant, Jr., John D. Birch, Tom my W. Brac ey, Ernestine T. Davidson, Willie C. Greenwood, and George M. Olive, filed an amended petition for issuance of mandamus against the respondent, City of Memphis.  The petition states that petitioner, Tusant, is employed as a major by the Mem phi s Po lic e Dep art men t an d pe tit ion ers , Bi rch, Brac ey, Davidson, Greenwood, and Olive, are employed as sergeants by the Memphis Police Department. It is averred that in 1996 Tusant participated in the promotion process to the rank of inspector, and the remaining petitioners participated in the promotion process to the rank of lieutenant, both positions being civil service ranks.  The petition avers that after the testing process, Tusant ranked 10th out of 28 on the eligibility list for inspector and was the next to be promoted from that list, and that the other petitioners were the next to be promoted from the lieutenant
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