Thaxton v. Walton

In this case we must decide (1) whether a municipality may set off the salary paid to a de facto employee from the back pay owed to a wrongfully discharged civil service employee and (2) whether plaintiff is entitled to recover the attorney fees he incurred in bringing a mandamus action to compel his reinstatement.

On July 23, 1981, plaintiff, John F. Thaxton, a classified employee of the city of Decatur, was suspended without pay pending a hearing before the Decatur civil service commission to determine whether plaintiffs employment should be terminated. In early September the city hired…