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7th Circuit affirms deputy sheriff's firing

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The 7th Circuit Court of Appeals has determined the Warrick County Sheriff’s Department didn’t break the law when it fired a probationary deputy sheriff based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job.

A unanimous decision from a three-judge panel came in Kevin Harris v. Warrick County Sheriff’s Department, No. 10-3706, from the Southern District of Indiana. The case involved the termination of Kevin Harris’s employment about five months into his probationary period as a sheriff’s deputy. He sued the department on allegations that the firing was because he’s African-American, but U.S. Chief Judge Richard Young in Evansville granted a motion for summary judgment in favor of the sheriff’s office, finding insufficient evidence of discrimination.

On appeal, the 7th Circuit found Harris didn’t present evidence to support claims and also didn’t advance arguments that he previously made at the District level, waiving them on appeal.

The appellate panel also noted that Young didn’t err in drawing a non-dispositive inference in favor of the sheriff’s department based on the “same-actor” theory, which applied because the same person hired and fired Harris, and therefore it is unlikely that person had a discriminatory motive.


 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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