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Court of Appeals hears challenge to Provo City police termination over alleged process failures

Utah Court of Appeals · August 8, 2024
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Summary

Attorneys for Nisha King told the Utah Court of Appeals that Provo City violated its own personnel policy and denied procedural protections when it terminated Sgt. King; Provo City argued there was substantial evidence of harassment and dishonesty and that HR procedures applied.

The Utah Court of Appeals heard oral arguments in King v. Provo City Civil Service Commission over whether the city followed its personnel procedures and whether that failure caused "substantial prejudice" to Sgt. Nisha King, who seeks reversal of her termination and reinstatement with back pay.

"This case transcends the termination of a single police officer," attorney Steve Tixson told the three-judge panel, saying the outcome will affect how constitutional and employment protections are applied to law-enforcement personnel. Tixson argued that the department's internal policy (referred to in briefing as policy 10-10) promised officers access to investigative materials — including witness recordings and video — before predetermination hearings and that King did not receive those materials until about six weeks after a key September hearing.

Provo Cit…

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