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Officers say wrong textbook hurt promotions

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Three current Indianapolis Metropolitan Police Department officers have filed a suit against the city because they received the wrong textbooks to study for a promotion examination.

In the suit Lincoln Plowman, Tim Motsinger and Rebecca Lake v. City of Indianapolis, filed in Marion Superior Court Tuesday, the officers say as a result of receiving the wrong textbook to prepare for the test, they had lower test scores and their low ranking on the promotional list keeps them from being promoted.

At the time the test was taken in 2006, all three were members of the Marion County Sheriff's Department, which merged with the Indianapolis Police Department to form the Indianapolis Metropolitan Police Department in 2008. The officers were told they were given the wrong book following the test, but the sheriff's department said their scores and rankings would remain unchanged. The officers believe they are the only three to receive the incorrect textbook.

They are suing for a declaratory judgment that the test was administered improperly and the results should be null, breach of contract, and promissory estoppel. The officers would also like specific performance and substantial damages and any other proper relief. They claim as a result of the lower ranking, they are prevented from peer recognition of a promotion, earning more money from a higher income, and their retirement income will be lower because their pensions will be based on the average of their salaries over the past few years since taking the test.

Lincoln Plowman is current a city-county councilman in Indianapolis and serves as assistant commander for the Investigations Division in IMPD. Tim Motsinger is a lieutenant in the department and announced his candidacy for Marion County Sheriff in 2010; Rebecca Lake is a major in the department.

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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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