Legal Opinion

Tully v. City of Wilmington

Supreme Court of North Carolina

Decided March 2, 2018No. 348A16PublishedCited by 35 opinions

1Opinion of the Court

HUDSON, Justice.

**528 Here we address whether a police officer states a claim under the Constitution of North Carolina against his employer when that employer violates its own policy by refusing to consider his appeal regarding the validity of an examination required for a promotion. Because we conclude that Plaintiff Kevin J. Tully has adequately stated a claim that his rights under Article I, Section 1 of the North Carolina Constitution were violated by the City of Wilmington (the City), we affirm in part the decision of the Court of Appeals reversing the dismissal of his claims.

I. Factual…

2Cases cited28 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Meyer v. NebraskaSupreme Court of the United States · 1923
  3. Engquist v. Oregon Department of AgricultureSupreme Court of the United States · 2008
  4. United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
  5. Truax v. RaichSupreme Court of the United States · 1915

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3Cited by35 opinions

  1. Christian v. Dep't of Health & Human Servs.Court of Appeals of North Carolina · 2018
  2. Loray Master Tenant, LLC v. Foss N.C. Mill Credit 2014 Fund I, LLCNorth Carolina Business Court · 2021
  3. Agarwal v. Est. of Anil AgarwalNorth Carolina Business Court · 2022
  4. Akers v. County of SampsonDistrict Court, E.D. North Carolina · 2022
  5. Allman v. Swain Cnty. Bd. of ElectionsCourt of Appeals of North Carolina · 2025

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