ID=8333201A Knox County deputy fired over his response to a massive block party near the UT campus is retiring instead of appealing his dismissal.

A letter from Frank Phillips' attorney shows he decided to take a deferred retirement and drop his appeal.

Sheriff JJ Jones fired Phillips last month, after he said Phillips used excessive force during the arrest of a college student at a party in the Fort Sanders neighborhood.

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Pictures taken by a freelance photographer that were sold to the U.K. Daily Mailshow Phillips with his hands around the suspect's neck.

Jones put forms in Phillips' files with the sheriff's office and the Merit Council that list the end of his employment as "other." "Resignation" and "dismissed for cause" options weren't selected.

Because of the retirement changes, the Merit Board will not hold hearings on the issue.