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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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