Legal Opinion · Dissent

Patterson v. City of Greenville

Mississippi Supreme Court

Decided February 19, 2013No. 2011-CA-00708-COAPublished

1DissentCarlton, J.

¶ 13. I respectfully dissent from the majority’s opinion.

¶ 14. I would reverse and remand this matter to the city council.1 I submit that the city council, and hence the circuit court in affirming the city council’s decision, acted arbitrarily and capriciously in terminating the police chief without first determining factually whether the chiefs use of police vehicles constituted use for an official public law enforcement purpose and whether Vice Mayor Gines’s direct order constituted a lawful order within his authority to issue.2 Vice Mayor Gines lacked authority to direct this order to the…

2Cases cited9 opinions

  1. Thornhill v. WilsonMississippi Supreme Court · 1987
  2. Scott v. City of GoodmanCourt of Appeals of Mississippi · 2008
  3. Edwards House Co. v. City of JacksonMississippi Supreme Court · 1925
  4. Delker v. StateCourt of Appeals of Mississippi · 2009
  5. Ouzts v. StateCourt of Appeals of Mississippi · 2006

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