Constitutional Law

6th Circuit: Jury to hear Tenn. trooper's discrimination suit

By By The Associated Press

NASHVILLE, Tenn. ? A federal appeals court has ruled a jury will hear complaints from a Tennessee highway patrolman who claimed discrimination based on his political affiliation.

In a Dec 20 ruling, the 6th U.S. Circuit Court of Appeals reversed a lower court decision and remanded the case for a jury trial.

The trooper, Robert Eckerman, says in his lawsuit that he has been working for the Tennessee Highway Patrol since 1984, but was denied promotions and transfers and ultimately demoted from the rank of lieutenant to sergeant after Democratic Gov. Phil Bredesen took office in 2003.

Eckerman, who displayed bumper stickers on his personal car and put up yard signs for Republican political candidates, filed a separate lawsuit claiming discrimination in 2006. About six months later, Eckerman was one of two officers who were demoted following an investigation into allegations of misconduct by a superior.

According to a summary of that investigation, which was completed in November 2006, Eckerman violated several Highway Patrol general orders including spreading rumors about a superior officer, failing to inform his supervisors about the allegations, conducting an "unauthorized investigation" into the allegations and failing to answer questions during the investigation.

Eckerman challenged his demotion and then appealed to the Tennessee Civil Service Commission. An administrative law judge reversed his demotion and reinstated him to his previous rank of lieutenant. Before he was reinstated, he filed another lawsuit saying he was retaliated for exercising constitutionally protected rights, including the right of political association and the right to file a federal lawsuit.

While he has since been reinstated as a lieutenant, the U.S. District Court returned a summary judgment in favor of the department that said the department could show evidence that the demotion would have happened in the absence of his political affiliation or his filing of a federal lawsuit.

But the federal appeals court ruled in Eckerman v. Tennessee Dept. of Safety that the administrative law judge already decided Eckerman?s demotion was improper, so the department has not shown the demotion was not politically motivated. The case will be determined by a jury trial as requested by Eckerman.

Full post as published by First Amendment Center on December 21, 2010 (boomark / email).