Legal Opinion · Dissent
Messer v. New Albany Police Department
Indiana Court of Appeals
Decided March 16, 2012No. 22A05-1104-MI-179Published
1DissentBaker, Judge
I respectfully dissent and part ways with the majority’s decision to affirm the trial court’s grant of summary judgment in favor of the New Albany Police Department (Department) as to Messer’s thirty-day suspension.
As the majority acknowledges, the court in Greer v. Amesqua, 212 F.3d 358, 371 (7th Cir.2000), applied the rationale espoused in Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968), and determined that the government must provide sufficient evidence that the employee’s speech had the potential to disrupt or harm its operations had the retaliatory…
2Cases cited3 opinions
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Ronnie B. Greer v. Debra H. Amesqua, Alan Seeger, Margaret MacMurray Byron Bishop, Lynn Hobbie, Mario Mendoza, the City of Madison Fire Department, the City of Madison, the City of Madison Police & Fire Commission and Wisconsin Municipal Mutual Insurance CompanyCourt of Appeals for the Seventh Circuit · 2000
- City of Indianapolis v. HeathIndiana Court of Appeals · 1997