Kernan v. Schindler

OPINION ON REHEARING

KIRSCH, Judge.

The Appeliees have petitioned for rehearing as to Part II of our Opinion in this case, O'Bannon v. Schindler, 796 N.E.2d 335 (Ind.Ct.App.2003), in which we held that the provision of the trial court's restraining order which prohibited the State from "[rJeducing or removing existing *190staffing levels at [MSDC], unless the conduct of the employee violates applicable statutes, regulations, or rules of the facility" violated the separation of powers clause in the Indiana Constitution and was in conflict with our holding in Logansport State Hospital v. W.S., 655…