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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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