Appellate judges rule on court warrant officer's claim

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The Indiana Court of Appeals ruled an Anderson City Court judge didn’t wrongly reassign a police warrant officer from his courtroom because the two didn’t share an employee-employer relationship that would allow for a suit under the Indiana Wage Claim Statute.

A unanimous ruling came Tuesday in Mark McCann v. The City of Anderson, Indiana and The Hon. Donald Phillippe, No. 48A02-1009-PL-1060, involving an Anderson Police Department officer who became a warrant officer for the city court in 1998, about three years after his police service began. Judge Donald Phillippe presided over that court, and Mark McCann’s duties included receiving all court warrants issued, maintaining computer files of each wanted person and all probationers, and issuing reports to his supervisors in the police department. While serving as warrant officer, McCann discovered that a probation officer with similar duties was receiving a paycheck from both the APD and City Court.

In 2005, Judge Phillippe requested that McCann be reassigned based on reports that he was “rude and inappropriate” with defendants and prisoners in the courtroom. He was reassigned to a different police department division, and complaints he lodged were dismissed for having no merit. In December 2006 he filed a claim against the city and judge. Special Judge Mary Willis for the Madison Superior Court granted summary judgment for the city and court, finding that McCann wasn’t an employee who could bring a claim under the state’s wage statute.

That statute specifically states, “Whenever any employer separates any employee from the pay-roll, the unpaid wages or compensation of such employee shall become due and payable at regular pay day for pay period in which separation occurred.”

Analyzing whether that employer-employee relationship existed in this case, the appellate panel looked at factors such as the right to discharge, mode of payment, supplying tools or equipment, belief of the parties about that relationship, control over the means used in the results reached, the length of employment, and establishment of the work boundaries.

Though some factors indicated McCann was an employee, the court ultimately decided he was not. Most importantly, the court analyzed the right of the employer to exercise control over the employee and determined that McCann remained under the supervision and control of the Anderson Police Department.

“Thus, overall, four of the seven factors, including the most important ‘Control over the Means Used’ indicate that McCann was not an employee of the City Court,” Judge Melissa May wrote. “Because the City Court was not McCann’s employer, he cannot be due any ‘unpaid wages’ from the City Court. Therefore, he cannot assert a claim against the City Court under the Indiana Wage Statute. Accordingly, we affirm.”


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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 ...