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Judge rules against former deputy in Taser suit

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A federal judge has ruled in favor of the Hamilton County sheriff and other officials in a former employee’s lawsuit filed after the employee was fired for refusing to be shocked by a Taser as part of a training session.

Ray Robert worked in law enforcement for nearly 30 years. He began working as a civil deputy process server for the sheriff’s department after his retirement. This was an at-will position. Hamilton County Sheriff Douglas Carter instituted a policy in 2008 requiring all civil deputy process servers to carry Tasers and also required that anyone who would carry one must receive a single one-to-five second exposure to the Taser.

Robert refused, claiming he had a back condition that would not allow it. The sheriff’s department offered him a control room position with similar pay and hours, but the job did not include a department car and other related benefits. Robert eventually declined the job and was fired.

Robert filed his suit, Ray F. Robert v. Douglas G. Carter, individually and in his capacity of Sheriff of Hamilton County, Ind., Hamilton County Council and Hamilton County Board of Commissioners, No. 1:09-CV-0425, in April 2009 in the Southern District of Indiana. U.S. Judge Jane Magnus-Stinson granted the defendants’ motion for summary judgment May 3.

Robert claimed the defendants failed to exempt him from the Taser training or to provide him with a reasonable accommodation in violation of his rights under the American with Disabilities Act and that his employment was terminated without a hearing in violation of his procedural and substantive due process rights.

Judge Magnus-Stinson found Robert’s inability to participate in the training and consequently his inability to use a Taser rendered him unable to perform his essential job functions, so he didn’t meet the threshold requirement for ADA protection. The Taser exposure requirement, as determined by Sheriff Carter, is essential to the role of civil deputy process server.

The District Court also found that the accommodation Robert received – a position in the control room – was reasonable and Robert doesn’t have the right under the ADA to refuse a reasonable accommodation simply because it was not the one he preferred.

Also, because he was an at-will employee, Robert had no property interest in his employment and therefore no right to a hearing. Robert also didn’t raise an issue of fact sufficient to give rise to a substantive due process claim, wrote Judge Magnus-Stinson.

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  • Safety
    It seems to me that there were other avenues that could have been explored here, like the fact that even Taser warns there are risks associated with it, such as heart failure, etc. I assume the Sheriff doesn't require deputies who carry guns to get shot in the leg to know what it feels like. So requiring everybody to do something that carries with it a risk of serious bodily injury or death as a condition of employment seem luicrous.

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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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