BIRD v. COUNTY OF ALLEN

No. 35A02-9305-CV-211.

639 N.E.2d 320 (1994)

Philip BIRD, Appellant-Petitioner, v. COUNTY OF ALLEN, Allen County, Indiana, Appellee-Respondent.

Court of Appeals of Indiana, Second District.

Rehearing Denied December 16, 1994.


Attorney(s) appearing for the Case

Martin T. Fletcher, Sr., Andrea L. Hermer, Rothberg, Gallmeyer, Fruechtenicht & Logan, Fort Wayne, for appellant.

John O. Feighner, Cynthia Rockwell, Haller & Colvin, Fort Wayne, for appellee.


FRIEDLANDER, Judge.

Philip Bird appeals from the trial court's decision affirming the action of the Allen County Sheriff's Department Merit Board. We reverse and remand for further proceedings consistent with this opinion.

Following a hearing, the Board issued extensive findings, and the following is a summary of the facts as contained in those findings.

In January of 1988, as members of the Allen County SWAT team, Officer Philip Bird and Officer Glen...

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