Boussom v. City of Elkhart

MEMORANDUM OPINION

SHARP, Chief Judge.

This case was tried before this court solely on the issue of liability. This memorandum opinion briefly states the legal basis of this court’s findings of fact and conclusions of law entered herewith. The claims in this action are made under 42 U.S.C. § 1983 and jurisdiction is invoked under 28 U.S.C. § 1331 and 28 U.S.C. § 1343(3) and (4).

I

The defendants in this case demoted a number of policemen and firemen in disregard of I.C. 18-1-11-3. The policy sought to be served by the statute was that of preventing “the evil or mischief which may be said to have…