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Carmel police officer discharged for just cause

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The Indiana Court of Appeals reversed the finding by an administrative law judge and a review board that a city of Carmel police officer was fired, but not for just cause.

In City of Carmel v. Review Board of the Indiana Dept. of Workforce Development and Greg Park, 93A02-1108-EX-841, the city of Carmel appealed the finding that patrol officer Greg Park was not fired for cause. Park applied for unemployment benefits following his discharge in February 2011. The Carmel Police Department believed Park had violated department policies, rules and regulations. Cited was Park’s arrest of a juvenile involved in a fight at school with another juvenile. When Park arrived at the school, his superior officer told him to arrest just one of the juveniles. Park arrested the second juvenile, also.

Park filed for unemployment benefits, which was initially denied, but an administrative law judge reversed that determination. The administrative law judge cited that no evidence was submitted to indicate Park made a wrongful arrest of the second juvenile or that he knew an investigation was taking place regarding the incident at the school. The Review Board of the Indiana Department of Workforce Development affirmed.

The Court of Appeals found the record didn’t support the finding that Park was terminated but not for just cause. Based on the evidence and testimony before the ALJ and the review board, the city of Carmel showed that Park violated a reasonable and uniformly enforced rule related to a lawful order of a supervisor and other departmental rules, so he was discharged for just cause, wrote Judge Elaine Brown.

The case was remanded for further proceedings.

 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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