ILNews

Deputy’s ‘playful’ groin shot not cause for termination, COA affirms

Back to TopCommentsE-mailPrintBookmark and Share

A longtime Bartholomew County merit deputy disciplined after he “playfully shot a fellow officer in the groin with non-lethal training ammunition” was not fired for cause, the Indiana Court of Appeals ruled in affirming an administrative law judge’s determination the deputy was entitled to unemployment benefits.

Robert L. Amos was a merit deputy for nearly 40 years until May 2013, when the Bartholomew County Sheriff’s Merit Board found Amos violated six department rules after the incident following a training exercise.

During debriefing, when participants had removed some of their protective gear, Hartsville Town Marshall A.J. Ross said he had not been hit with the non-lethal Simunition plastic bullets during the exercise, according to the record.

Amos laughed and said he had been hit four times during a “live fire” scenario exercise. “He then raised his weapon and playfully shot Marshal Ross, hitting him in his groin protector,” according to the Court of Appeals order in Bartholomew County, Indiana v. Review Board of the Indiana Department of Workforce Development, and Robert L. Amos, 93A02-1311-EX-986. Ross wasn’t injured, but an instructor immediately took Amos’ weapon and admonished him.

The merit board found Amos’ rules violations constituted cause for termination and immediately discharged him from the department. Initially found ineligible for unemployment benefits, Amos appealed and testified before an administrative law judge that the rules were applied unevenly. He “testified to several instances of other officers playfully shooting fellow employees with (Simunition) without being disciplined,” and the administrative law judge reversed, finding the county didn’t uniformly enforce its rules for “just cause” discharge.
    
The county failed to prove otherwise to the Court of Appeals. The county argued that because Amos was a certified firearms instructor, the proper comparative class is firearms instructors who engaged in Simunition horseplay. “This claim has no merit,” Judge Cale Bradford wrote for the panel. “Not one of the six rules Amos violated differentiates between officers who are certified firearms instructors and those who are not.”

The county also lost its arguments that the merit board’s ruling collaterally estopped Amos from claiming he wasn’t discharged for just cause and that the Department of Workforce Development Review Board abused its discretion by denying the merit board transcript as additional evidence.

“The county claimed the transcript called into question Amos’s testimony at the ALJ hearing that other officers had playfully shot fellow employees with (Simunition) without being disciplined. The County, however, did not offer an explanation as to why it did not present the transcript as evidence at the ALJ hearing.”








 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

ADVERTISEMENT