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MESSER v. NEW ALBANY POLICE DEPT.

No. 22A05-1104-MI-179.

965 N.E.2d 54 (2012)

Jack MESSER, Appellant-Petitioner, v. NEW ALBANY POLICE DEPARTMENT, Appellee-Respondent.

Court of Appeals of Indiana.

March 16, 2012.

Attorney(s) appearing for the Case

Bart M. Betteau , Betteau Law Office, LLC, New Albany, IN, Attorney for Appellant.

Brandon W. Smith , Stanley O. Faith , Faith Ingle Smith LLC, New Albany, IN, Attorneys for Appellee.

OPINION

MAY, Judge.

Jack Messer was a New Albany police officer who made a racially-charged remark while talking with other officers after roll call. The comment was leaked to the press. The New Albany Police Merit Commission found Messer's statement was conduct unbecoming an officer and suspended him. On judicial review, the trial court granted the New Albany Police Department's motion for summary judgment, finding there was no issue of fact as to whether...

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