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Court clarifies, reaffirms its prior back pay ruling

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The Indiana Court of Appeals denied an Attorney General’s request to clarify a previous ruling that slashed a $42.4 million damages award, and clarified the two-month period from which state employees can recover back pay.

In a rehearing opinion issued today in Richmond State Hospital, et al. v. Paula Brattain, Francis Ernst, et al., No. 49A02-0908-CV-718, the appellate court briefly clarified but mostly affirmed its Oct. 8 ruling in the case that impacts thousands of past and present state workers trying to recover money they should have earned on the job. The state appellate judges had previously reversed one part of a Marion Superior judge’s decision from last year that some of those employees could recover back pay for a period from 1973 to 1993, holding that the period should only extend from 10 days before the filing on July 29, 1993, to mid-September 1993.

The trial court on remand must determine whether the state terminated the split class system on either Sept. 12 or Sept. 19, 1993, according to that prior decision and today’s rehearing ruling. Estimated damages for merit-based employees have gone from $23.5 million to an estimated couple million dollars, while the remaining $18.6 million awarded to non-merit employees would not be affected by the appellate rulings.

In a footnote, Judge Terry Crone wrote that “The Employees argue that the State had the burden to prove that each individual employee did not file an administrative grievance as part of its statute of limitations defense, which is an affirmative defense. We disagree. Access to the courts and the amount of back pay to which a successful litigant is entitled are two separate issues.”

Now, parties have the chance to seek transfer before the Indiana Supreme Court to possibly come out with a different result on part or all of the intermediate appellate rulings.

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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