Noel v. State, Ex Rel., (1936)
Court: Supreme Court of Florida
Number:
Visitors: 11
Judges: BROWN, J.
Attorneys: Carroll R. Runyon and Hardee Martin, for Plaintiffs in Error;
Erle B. Askew, Osmond R. Bie and Lambdin Ramseur, for Defendant in Error.
Filed: Sep. 23, 1936
Latest Update: Mar. 02, 2020
Summary: This is an appeal from an order for the issuance of a peremptory writ of mandamus commanding the restoration of the relator to the Detective Division of the Police Department of the City of St. Petersburg and the restoration of his pay as such detective. This order was made after final hearing on pleadings and evidence. There is very little controversy as to the essential facts. The relator held the rank and grade and drew the salary of a detective in the police department of the respondent City
Summary: This is an appeal from an order for the issuance of a peremptory writ of mandamus commanding the restoration of the relator to the Detective Division of the Police Department of the City of St. Petersburg and the restoration of his pay as such detective. This order was made after final hearing on pleadings and evidence. There is very little controversy as to the essential facts. The relator held the rank and grade and drew the salary of a detective in the police department of the respondent City ..
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The record in this case shows that the responsible officials of the City reduced Siers, defendant in error, from the grade of detective sergeant to the ultimate position of "dog catcher" in the department of safety. It requires little judicial imagination to perceive in such course of action a scheme to so humiliate the reduced officer as to amount to his practical discharge without cause in violation of the intent of the Civil Service provisions of the St. Petersburg Charter. I agree that this officer's reinstatement should be affirmed.
Source: CourtListener
