Nude photo hits Nevada Supreme Court

William Simpson worked at the State's Office Of The Military before his termination.

Donaldson said Simpson was a 10-year exemplary employee in his position.

On Tuesday, Simpson's attorney told the state's highest court he was wrongfully terminated. The issue began in 2015 when Simpson sent a text message from his personal cell phone to another employee who was his subordinate.

Donaldson said Simpson had never had been disciplined and had never had a substandard evaluation, but he was wrongfully terminated over one text sent from a personal cell phone to an off-duty employee's personal cell phone of a nude male. According to case documents the man who got the picture was a longtime friend -- and there was no indication he was offended by the nude photo Simpson sent.

The photo surfaced nine months later when the friend he sent the photo to was disciplined.

Simpson's defense told the court he had outstanding performance over his 17-year history as a peace officer for the state. He argues Simpson should have been disciplined first.

Donaldson said Simpson was on break. Simpson recalls being in his truck and he may have been in the parking lot of the Office of the Military. He explained had he left the property there would be no connection and the case would not have gone further.

The Office Of The Military said Simpson was in "serious violation" of Nevada's state policy for employees when he sent a photo of a nude man's genitals and his termination was the appropriate. His actions define distributing “pornographic material” as an immediately terminable offense so by definition it is a serious violation and progressive discipline does not apply.

The state's highest court has to decide if Simpson's termination was justified. It is not known when the Nevada Supreme Court will issue a decision in this case.

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