Head v. Gadsden Civil Service Bd.

The Circuit Court of Etowah County granted the defendant's Rule 56, ARCP, motion for summary judgment. The plaintiff appeals. The dispositive issue is whether there exists a genuine issue of a material fact so as to bar the granting of summary judgment.

The record reveals the following: The plaintiff instituted proceedings before the Civil Service Board of the City of Gadsden seeking reinstatement to his position as a police officer. He alleged that he had been "wrongfully discharged" from the Gadsden Police Department. The civil service board found it did not have jurisdiction and denied…