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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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