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Doss v. The City of Savannah

The defendants did not violate the terminated police officer's due process rights, since she was provided with pre-termination notice and hearing and she had a post-termination avenue for appeal.

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Christa Doss appeals the trial court’s grant of summary judgment in favor of the City of Savannah, the City of Savannah Police Department, Savannah Police Chief Daniel Flynn and Greg Capers on Doss’s claims for due process violations, gender discrimination, sexual discrimination, defamation, breach of contract, and violations of “29 U. S. C. § 1983.” On appeal from the grant or denial of a motion for summary judgment, this Court reviews the record de novo, construing the evidence and the inferences drawn from it most strongly in favor of the nonmoving party. Harrison v. Daly, 268 Ga. App. 280, 281 601 SE2d 771 2004. Viewed in that light, the evidence shows that Doss was employed by the City of Savannah as an officer in the City’s police department from 1991 until she was terminated in October 2002. When she was hired, Doss was given, and acknowledged receipt of, the Savannah Police Department Standard Operating Procedures Manual “SOP”, which sets out policies and procedures for the department.

On October 9, 2002, Doss was involved in a automobile collision between her police car and another vehicle. The other vehicle had the right of way, and the collision was deemed to be Doss’s fault. After the accident, Doss’s supervisor, following standard protocol, took Doss for a urine drug test. The sample tested positive for a prescription barbituate medication, and the lab forwarded the results to Chris Wilburn, the City’s Employee Assistance Program Coordinator.

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