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. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well