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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Posey County Council v. Kim Cross
No. 25A-MI-2804
Appeal from the Posey Superior Court, Judge Travis L. Clowers. Kim Cross, the prison matron of Posey County, sought to receive the same salary as the jail commander, asserting that Indiana law mandated equal pay for positions of equal rank within the Sheriff’s Department. The Posey County Council, which had set Cross’s salary lower than the jail commander’s, contested this claim, arguing that it had authority over salary determinations and that Cross’s assertion was barred by laches and waiver. The trial court granted summary judgment in favor of Cross, determining that the Sheriff alone had the authority to rank the matron and that laches and waiver did not apply. The appellate court affirmed the ruling, emphasizing the clear statutory requirement for equal pay. Judge Weissmann authored the opinion, with Chief Judge Tavitas concurring in result with a separate opinion, and Judge Foley also concurring. Appellant’s attorneys: Chad J. Sullivan, Joshua A. Claybourn and James L Baker, Jackson Kelly PLLC, Evansville. Appellee’s attorney: Erin Bauer, Barber & Bauer LLP, Evansville.
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