Captain Louis J. Gillespie, Jr., et al. v. City of Memphis

The charter and code of ordinances of the City of Memphis set out certain specific provisions, including civil service protections, concerning the organization and operation of the City’s police department. This appeal arises from a suit brought by several high ranking members of the police force who allege that the City created a de facto rank in conflict with the City’s charter and ordinances. The trial court held that the City had impermissibly created a new rank and granted relief in the form of an injunction and a declaratory judgment. It, however, denied claims for damages pursuant to 42 U.S.C. § 1983 and an implied right of action under the City’s civil service rules. We find that the question regarding the appropriateness of the trial court’s awarding injunctive and declaratory relief is now moot and accordingly vacate that part of its decision. We affirm the trial court’s decision that monetary damages are not available.