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

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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.”








 

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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