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    Keith Walker Gosnell appealed a summary judgment dismissing his Section 1983 action against the City of Greenville and others. The City of Greenville Police Department discharged Gosnell from his position on the police force due to improper conduct while on duty. Gosnell argued that the city's employee handbook created a property interest in his job and limited punishment to a five-day suspension. However, the district court held that the city code authorized the Civil Service Commission to discharge Gosnell for his misconduct, and that the employee handbook could not override the code or limit the commission's authority granted by the code. The Fourth Circuit affirmed the district court's decision.

    Original Description:

    Filed: 1995-06-12 Precedential Status: Precedential Citations: 57 F.3d 1066 Docket: 94-1704

    Original Title

    Keith Walker Gosnell v. City of Greenville, South Carolina Mike Bridges, Individually and as Chief of the City of Greenville Police Department City of Greenville Police Department Civil Service Commission of the City of Greenville, 57 F.3d 1066, 4th Cir. (1995)

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    Keith Walker Gosnell appealed a summary judgment dismissing his Section 1983 action against the City of Greenville and others. The City of Greenville Police Department discharged Gosnell from his position on the police force due to improper conduct while on duty. Gosnell argued that the city's employee handbook created a property interest in his job and limited punishment to a five-day suspension. However, the district court held that the city code authorized the Civil Service Commission to discharge Gosnell for his misconduct, and that the employee handbook could not override the code or limit the commission's authority granted by the code. The Fourth Circuit affirmed the district court's decision.

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    United States Court of Appeals, Fourth Circuit

    Uploaded by

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    Keith Walker Gosnell appealed a summary judgment dismissing his Section 1983 action against the City of Greenville and others. The City of Greenville Police Department discharged Gosnell from his position on the police force due to improper conduct while on duty. Gosnell argued that the city's employee handbook created a property interest in his job and limited punishment to a five-day suspension. However, the district court held that the city code authorized the Civil Service Commission to discharge Gosnell for his misconduct, and that the employee handbook could not override the code or limit the commission's authority granted by the code. The Fourth Circuit affirmed the district court's decision.

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    of 2

    57 F.

    3d 1066
    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished
    dispositions is disfavored except for establishing res judicata, estoppel, or the law
    of the case and requires service of copies of cited unpublished dispositions of the
    Fourth Circuit.

    Keith Walker GOSNELL, Plaintiff-Appellant,


    v.
    CITY of Greenville, South Carolina; Mike Bridges,
    individually and as Chief of the City of Greenville Police
    Department; City of Greenville Police Department; Civil
    Service Commission of the City of Greenville, DefendantsAppellees.
    No. 94-1704.

    United States Court of Appeals, Fourth Circuit.


    Argued: April 3, 1995.
    Decided: June 12, 1995.

    ARGUED: Robert Calvin Wilson, Jr., Greenville, SC, for Appellant.


    Allan Levin, Cozen & O'Connor, Columbia, SC, for Appellees. ON
    BRIEF: John L. Choate, Tracy L. Eggleston, Cozen & O'Connor,
    Columbia, SC, for Appellees.
    Before NIEMEYER and HAMILTON, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.
    PER CURIAM:

    Keith W. Gosnell appeals a summary judgment dismissing his action, brought


    under 42 U.S.C. Sec. 1983, against the City of Greenville and others.
    Exercising authority conferred on it by the city's code Sec. 2-1-15, the city's
    Civil Service Commission discharged Gosnell from his position on the police
    force because of his improper conduct while on duty. Gosnell contends that the
    city's employee handbook conferred a property interest in his job and that the
    maximum punishment authorized by the handbook was a five-day suspension.
    He complains that the Civil Service Commission unconstitutionally deprived

    him of the property interest the handbook allegedly created.


    2

    The district court held that the city code authorized the Civil Service
    Commission to discharge Gosnell for his misconduct and that the employees'
    handbook could not supersede the code or limit the commission's authority that
    the code conferred. We affirm for reasons adequately stated by the district
    court. Gosnell v. The City of Greenville, C.A. No. 6:93-27453 (D.S.C. Apr. 8,
    1984).
    AFFIRMED

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