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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. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. 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.

  3. 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.

  4. 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)

  5. 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)

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