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ALLEN v. CITY OF CARMEL, IND.

No. IP 92-927 C

830 F.Supp. 482 (1993)

Donald W. ALLEN, Plaintiff, v. CITY OF CARMEL, INDIANA, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

September 3, 1993.

Attorney(s) appearing for the Case

John C. Ruckelshaus and M. Elizabeth Bemis, Ruckelshaus, Roland, Hasbrook & O'Connor, Indianapolis, IN, for plaintiff.

Charles B. Baldwin and Jerrilyn P. Ramsey, Locke Reynolds, Boyd & Weisell, Indianapolis, IN, for defendant.

ENTRY

BARKER, District Judge.

Plaintiff Donald W. Allen ("Allen") brings a procedural due process claim under 42 U.S.C. § 1983 and Ind. Code § 36-8-3-4 maintaining that Defendant, City of Carmel, Indiana ("Carmel"). demoted him from the position of Assistant Chief of Police to Lieutenant without a notice and hearing as required by Ind. Code § 36-8-3-4. We find that Allen has no protectible property interest in his position and therefore grant...

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