underinsured motorist

Holmes v. Kansas City Board of Police Commissioners

Former police officer Danny Holmes sued the Kansas City police department under the Missouri Human Rights Act and on breach of contract and whistleblower claims for the termination of his employment by the police department. The Missouri Court of Appeals, Western District reversed the trial court’s judgment for Mr. Holmes on the breach of contract claim. The appellate court held that, while R.S.Mo. § 84.600 gives police officers a property right in continued employment, it does not give them a contractual right to sue for damages for wrongful termination. The court stated, “The general rule is that there is no private right of action to enforce a statute or regulation through an action for damages … and [w]here administrative review of a denied property right is adequate, parties may not” sue for damages instead. Further, R.S.Mo. § 84.600 doesn’t create a contractual term binding the board of police commissioners and a police officer.

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