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INDIANA CIVIL RIGHTS COM'N v. CITY OF MUNCIE

No. 2-1082A350.

459 N.E.2d 411 (1984)

INDIANA CIVIL RIGHTS COMMISSION, Appellant (Defendant below), v. CITY OF MUNCIE, Muncie Police Pension Board, Cordell Campbell, Jack E. Turner, Donald R. Scroggins, Larry McCaffrey, Muncie City Police Department and Harold B. Duke, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

Rehearing Denied March 15, 1984.

Transfer Denied May 18, 1984.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Frederick S. Bremer, Deputy Atty. Gen., Indianapolis, for appellant.

Thomas L. DeWeese, Asst. City Atty., Muncie, for appellees.

HOFFMAN, Judge.

Milton Smith, a black, was employed by the City of Muncie as a special police officer. In seeking to secure a permanent position as a regular police officer, Smith was required to apply for membership in the Muncie Police Pension Fund. On September 4, 1973, the Pension Board denied Smith's application for admission. The Indiana Civil Rights Commission (ICRC) made a determination that Smith had been discriminated against based on race, and the Pension...

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