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Justices decline injured officer’s benefits case

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The Indiana Supreme Court will leave in place the amount of disability benefits an Indianapolis police officer will receive after he was shot in the line of duty.

The justices declined to take Jason A. Fishburn v. Indiana Public Retirement System, 49A02-1305-MI-391, in which Indianapolis Metropolitan Police Department Officer Jason Fishburn challenged the method used to calculate an additional monthly benefit. He argued since he has a 45-percent impairment, he should be entitled to 45 percent in additional benefits, for a total of 90 percent of his officer salary. His disability benefits are based on the benefit for a Class 1 impairment of 45 percent.

The Indiana Court of Appeals upheld the calculation of 45 percent – the base monthly benefit for a Class 1 impairment – plus 34.85 percent in the additional monthly benefit.  

The Supreme Court granted transfer last week and issued opinions reducing the sentences imposed on two Anderson juveniles convicted in a double homicide.

The justices vote 3-2 to vacate transfer to State of Indiana v. Molly Gray, 62S01-102-CR-76, in which the Court of Appeals affirmed on interlocutory appeal suppression of evidence collected from Molly Gray’s van that was used to charge her with possession of methamphetamine. Justices Steven David and Mark Massa voted to keep the case.

The high court also denied transfer to 9 other cases for the week ending June 6.

 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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