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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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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