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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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