Edwards v. City of Goldsboro

Affirmed in part, vacated in part, and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge ERVIN and Chief Judge HILTON joined.

OPINION HAMILTON, Circuit Judge:

Kenneth Edwards, a sergeant in the police department for the City of Goldsboro, North Carolina, brought this civil action against the City of Goldsboro (the City), its chief of police, Chester Hill (Chief Hill), and its city manager, Richard Slozak (City Manager Slozak), alleging numerous claims under 42 U.S.C. § 1983 (§ 1983) and the North Carolina Constitution, and one claim under North Carolina common law. In his civil action, Kenneth Edwards (Sergeant Edwards) challenged the decision to suspend him for two weeks without pay and. to place him on probationary status for one year following his teaching of a concealed handgun safety course when he had previously been denied permission to do so. He also .challenged the decision to condition his continued employment with the police department upon his not teaching the course. The district court dismissed all of Sergeant Edwards’ claims pursuant to Federal Rule of Civil Procedure 12(b)(6). Sergeant Edwards appeals, and we now affirm in part, vacate in part, and remand for further proceedings consistent with this opinion.