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Ewing v. City of Atlanta

The trial court erred in construing the pleadings most favorably to the city and the city's chief of police in dismissing a police lieutenant's petition for a writ of mandamus, seeking to require the appellees to permit him to work outside employment.

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The appellant, Lieutenant Herbert Ewing, filed a petition for a writ of mandamus against the appellees, the City of Atlanta and Richard J. Pennington, Chief of Police. Ewing alleged that the Atlanta Police Department abused its discretion when it denied him authorization for outside employment, and Ewing sought damages for past denials of outside jobs and mandamus relief requiring the appellees to permit him to work future jobs. The trial court granted the appellees’ motion to dismiss, and Ewing has filed this appeal, contending that the trial court erred in dismissing his complaint. For the reasons that follow, we agree. 1. Although the parties agree that Ewing’s mandamus petition is now moot, as he has been permitted to work outside jobs, we disagree with the city’s assertion that Ewing’s appeal is moot.

Ewing filed a complaint entitled a “Petition for Mandamus,” alleging that the city was liable for his damages and mandamus claims based on the ground that the city had improperly denied his request to work outside jobs. The city moved to dismiss the “Petition,” asserting that it was not liable as it had properly denied Ewing’s requests to work outside jobs, and requesting that the trial court deny “Plaintiff all requested relief.” Of course, part of Ewing’s “requested relief” was damages. The trial court adopted the city’s reasoning in granting the city’s motion to dismiss.

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