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Court rules for Indianapolis Housing Agency in suit brought by ex-employee

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The Indiana Court of Appeals affirmed summary judgment for the Indianapolis Housing Agency, finding the agency had a qualified privilege to report an employee’s suspected criminal conduct while on the job.

Ex-employee Kelvin Brown sued IHA for malicious prosecution and intentional infliction of emotional distress after he was fired from work and charged with ghost employment, official misconduct and deception.

The IHA suspected based on witness accounts and the GPS system installed in his employer-provided car that Brown was dealing with matters involving rental properties he owned during work hours. Brown was a Section 8 housing inspector for IHA; his homes were not Section 8 properties.

During work hours, Brown appeared in small claims court for a case related to one of his properties and did not properly request time off to attend court. The GPS also showed his car located at one of his properties during work when there was no reason for it to be. The cars were only used during work hours.

The prosecutor eventually dropped the charges due to evidentiary issues.

The Court of Appeals judges agreed with the lower court that the IHA had a qualified privilege to make a criminal complaint against Brown. This privilege has been applied to claims of defamation, false imprisonment, intentional infliction of emotional distress and negligence. The judges extended the privilege to malicious prosecution.

They found the designated evidence in the case didn’t raise a genuine issue of material fact regarding whether the privilege was abused. The evidence didn’t establish that IHA’s conduct rose to the level of extreme or outrageous, the judges ruled.


 

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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