Legal Opinion
Allen v. City of Carmel
District Court, S.D. Indiana
Decided September 3, 1993No. IP 92-927 CPublishedCited by 1 opinion
1Opinion of the Court
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 Carmel’s motion and deny Allen’s motion for summary judgment.
BACKGROUND
The Carmel Police Department hired Allen on September 26, 1977. He received several…
2Cases cited15 opinions
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- Perry v. SindermannSupreme Court of the United States · 1972
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3Cited by1 opinion
- Kirk v. City of KokomoDistrict Court, S.D. Indiana · 2011