City of Jackson v. Thomas, 48678

Decision Date11 May 1976
Docket NumberNo. 48678,48678
Citation331 So.2d 926
PartiesCITY OF JACKSON et al. v. Ray F. THOMAS.
CourtMississippi Supreme Court

John E. Stone, Davis H. Smith, Jackson, for appellants.

Satterfield, Shell, Williams & Buford, E. P. Lobrano, Jr., Jackson, for appellee.

Before GILLESPIE, PATTERSON and BROOM, JJ.

GILLESPIE, Chief Justice, for the Court.

On January 17, 1975, Ray F. Thomas was dismissed and removed from his position and duties as a police officer with the City of Jackson by a letter from the Chief of Police which specified violations of various rules and regulations of the Department. No demand was made by Thomas for an investigation by the Civil Service Commission as provided by Mississippi Code Annotated section 21-31-23 (1972).

This was Thomas' exclusive remedy. Tenant v. Finane, 227 Miss. 410, 86 So.2d 453 (1956). The trial court had no jurisdiction to direct the City to reinstate Thomas and to reimburse him for all back pay.

REVERSED AND RENDERED.

PATTERSON and INZER, P.J., and SMITH, ROBERTSON, SUGG, WALKER, BROOM and LEE, JJ., concur.

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5 cases
  • Hood v. Mississippi Dept. of Wildlife Conservation
    • United States
    • Mississippi Supreme Court
    • November 28, 1990
    ...Scott held the civil service remedy exclusive. Scott, 223 Miss. at 321-22, 78 So.2d at 456. To like effect are City of Jackson v. Thomas, 331 So.2d 926, 927 (Miss.1976); Tennant v. Finane, 227 Miss. 410, 414-15, 86 So.2d 453, 454 Mississippi Forestry Commission v. Piazza, 513 So.2d 1242 (Mi......
  • Bulloch v. City of Pascagoula
    • United States
    • Mississippi Supreme Court
    • December 19, 1990
    ...status is 'threatened' as here, the act would be unworkable and unenforceable." Id. at 321-22, 78 So.2d at 456. See City of Jackson v. Thomas, 331 So.2d 926, 927 (Miss.1976) (no demand made by policeman for civil service hearing; with civil service as exclusive remedy, trial court had no ju......
  • City of Jackson v. Martin
    • United States
    • Mississippi Supreme Court
    • August 12, 1993
    ...this State as the only forum where a terminated public employee may contest his dismissal and seek reinstatement. City of Jackson v. Thomas, 331 So.2d 926, 927 (Miss.1976); Tenant v. Finane, 227 Miss. 410, 415, 86 So.2d 453 (1956). Ms. Martin prevailed in her appeal to the Civil Service Com......
  • City of Jackson v. Froshour, 57849
    • United States
    • Mississippi Supreme Court
    • August 24, 1988
    ...or the employee may appeal the commission's decision to the circuit court. Such an appeal is the exclusive remedy. City of Jackson v. Thomas, 331 So.2d 926 (Miss.1976); Scott v. Lowe, supra; and the circuit court sits as an appellate court. City of Gulfport v. Saxton, 437 So.2d 1215 (Miss.1......
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