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Tully v. City of Wilmington: The Constitution Requires Public Employers To Play By Their Own Rules

parkerkaty-2By Katy Parker

The North Carolina Court of Appeals recently ruled that a police officer has a valid property and liberty interest in requiring his employer, the City of Wilmington, to comply with its own established promotional process.

When Corporal Kevin Tully of the Wilmington Police Department sat for the sergeant’s test in fall of 2011, he felt pretty good about his chances for promotion.  Aside from being named “Wilmington Police Officer of the Year” for 2011 and receiving several other commendations and awards, Corporal Tully is also an avid student of police policy and procedure, and the United States Constitution.  He is often the guy that other officers go to with questions about the finer points of Fourth Amendment search and seizure law.  After taking the test, Corporal Tully felt even better, feeling certain that he had answered most of the questions correctly.  And so it was quite a shock when Corporal Tully was informed that he had failed the test.  He asked for copies of the answers, as he is entitled to do under WPD policy.  Upon receipt of the answer key, Corporal Tully immediately realized that the answer key was wrong – and that the so-called “correct answers” on questions related to Fourth Amendment search and seizure issues were actually based on outdated law.

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