7th Circuit affirms official's termination

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The city of Anderson was justified in firing an official who failed to support a mayoral campaign, the 7th Circuit Court of Appeals held Friday.

In Larry Davis v. Kris Ockomon, et al., No. 10-2589, Larry Davis appealed his termination as senior humane officer, a job he held from 1988 to 2008. In 2007, Davis backed the mayoral campaign of Darryl Rensil, who was running against Kris Ockomon. After Ockomon won the primary, he reached out to Davis in attempt to gain support before the upcoming general election. Davis declined, purportedly because he thought Ockomon hadn't lived in Anderson long enough to satisfy the residency requirement to become mayor.

Ockomon won the election and fired Davis in January 2008. Davis then filed suit in the United States District Court for the Southern District of Indiana, claiming his termination violated the First and 14th amendments of the U.S. Constitution.

The District Court looked at the job description for senior humane officer and determined that it could be characterized as a policymaking role, thereby subject to removal on the basis of political affiliation. Davis had contended his job had no policymaking authority. The 7th Circuit looked further into Anderson city ordinances to better understand the scope of the job and found that the senior humane officer has broad discretion over permits, policies and licenses, which indicates that it is a policymaking job. The 7th Circuit therefore affirmed the District Court in all respects.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...