WAY v. CITY OF SOUTH BEND

No. 71S03-8712-CV-1151.

516 N.E.2d 60 (1987)

Douglas W. WAY, Individually and On Behalf of All Members of the South Bend Police Department Similarly Situated, Appellant, v. CITY OF SOUTH BEND, South Bend Board of Public Safety, Appellee.

Supreme Court of Indiana.

Rehearing Denied February 23, 1988.


Attorney(s) appearing for the Case

J. Christopher Warter, Patrick & Warter, South Bend, for appellant.

Carolyn V. Pfotenhauer, Asst. City Atty., South Bend, for appellee.


DeBRULER, Justice.

In October of 1984 the South Bend Board of Public Safety adopted a merit plan for the purpose of regulating promotion practices in the South Bend Police Department. Douglas Way, a full-time paid employee, challenged the adoption of the plan, asserting that any promotion system which included elements of merit must meet the requirements of I.C. 36-8-3.5-1. The plan adopted by the Safety Board contained elements of merit but did not comply with the...

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